30 Years Old Will

Plaintiffs filed a Partition Suit against Defendant1(Jitendra Kumar Gupta) and Defendant2(Ashok Garg) after 18Years of death of testator(Father of all Plaintiffs and all Defendants) in September 2013, Defend ant1 filed a Declaration Suit based on an Unregistered Will in November 2013,Defendant2 had already left the Property before filing of Partition Suit and never contesting the Suit, Plaintiff4(Ravi Kumar Gupta) on behalf of all Plaintiffs opposed the Will,Plaintiff4 stated that he may Challange the Unregistered Will Whenever Defendant1 present the Will in the Court,and After Six Years of filing Partition Suit Defendant1 filed Certified Copy of Unregistered Will alongwith an Affadavit one Attesting Witness(Paltu Singh) Verified Under Section 281 and also Certified Copy of Probate Suit Verified by Petitioner Under Section 280 in 2019,But Plaintiff4 on behalf of all Plaintiffs state that it is a forged Will and the Signatures of the testator are forged and both the Attesting Witness were Unknown to the testator,After 1Years of filing of Certified Copy of Affadavit(Varification Under Section 281) in Partition Suit,Plaintiff4 on behalf of all Plaintiffs amended the Plaint to challange the Will (saying that it is very difficult to Challange the Will in Probate Suit) in2020,But Plaintiff4 on behalf of all plaintiffs could never Challange the Will in Partition Suit and also could never Challange the Will in Probate Suit In last 6Years(Since Probate Suit Filed) till 2025,Plaintiff4 on behalf of all Plaintiffs also could never provide any evidence to challange the Will after amendment in Partition Suit till 2025,Now legal heirs of the Defendant1 contesting the Suit. Issues Framed:- (A) Are Plaintiffs and Defendants living and in Possession as per mutual arrangement ? If yes than effect. (B) Is will dated 22nd August,1994 forged ? If yes that effect. Facts:- (1) My Grandfather(testator) Executed his Will on 22nd August,1994. (2) Defendant1 filed a Declaration(Counter Claim) Suit in 2013 Based on Unregistered Will executed on 22nd August,1994. (3) Plaintiff4 on behalf of all Plaintiffs Could never Challanged the Will in 19Years(Since Will Executed on 22nd August,1994) till filing of Partition Suit(2013),Plaintiff4 also could never Challanged the Will in 7Years after filing Partition Suit till 2020,Plaintiff4 also Could never Challanged the Will in 5Years after amendment of Plaint till 2025 therefore Plaintiff4(All the Plaintiffs) Could never Challanged the Will in last 30Years since testator died on 28th February,1995 and till 2025. (4) Defendant1 filed a Probate Suit Verified by Petitioner Under Section 280 in October,2018 along With an Affadavit Varified by one Attesting Witness(Paltu Singh) Stating that Will was executed in presence of both attesting Witness on 22nd August,1994. (5) Jagdish Parsad Gupta(testator) and Jitendra Kumar Gupta(Defendant1) Jointly purchased this disputed Property 60Years ago in 1964 and both were in possession of disputed property from last 60Years till there death now Leagal Heirs of Defendant1 are in Possession till 2025. (9) My father(Defendant1) transfered his Part or Share in the Property to one of his Relative in 1971,and in 1983 that Part or Share of Property transfered or Purchased by my Grandfater(testator) but the Possession of that property remained with my father(Defendant1)and my father never left his part of property possession for any one till 2025. (10) One Attesting Witness of the Will Prakash Chand Died on 2nd March, 2015 and the Second Attesting Witness of the Will Paltu Singh died on 17th November,2019 . (11) Paltu Singh(Attesting Witness) of the Will had submitted his affadavit Varified Under Section 281 in Probate Suit Verified Under Section 280 by the Petitioner filed in 2018 mentioned that Signatures of the testator on the Will in the presence of both the attesting Witness and during that time the health of the testator was good(sound). (14)My Grandfather(testator) died on 28th Februry,1995. (15) No Rebutal filed in Probate Suit till 2025. (16) During Cross-Examination Plaintiff4 stated that,(a) Plaintiff4 do not know When the Property was Purchased,do not know when the house was construted because Plaintiff4 was in boarding college during that period,(b)Plaintiff4 Stated that testator had executed an Another Will(Not this Disputed Will),First stated that testator did not executed any Will then said that testator executed an another Will but that was incomplete, than said testator did not execute any Will legally,then Plaintiff4 stated that he assumed(understand) this(another Will) is the Will but this another Will was undated and unsigned by the testator and also not attested by any Witness,(c) For this Unregistered Will(Executed on 22nd August,1994) Plaintiff4 stated that he came to know about this Unregistered Will(Executed on 22nd August,1994) in 2018,but Plaintiff4 did never Challange the Will(Executed on 22nd August,1994) nor filed any Suit in the Court to cancil the Will(Executed on 22nd August,1994) till 2025, Plaintiff4 did never filed any FIR in the Police against the Will(Executed on 22nd August1994),Plaintiff4 stated in future he may Challange the Will(Executed on 22nd August,1994) on the advise of his advocate(Councellor). (d) Plaintiff4 also stated that testator died intestate on 28th February,1995. (e) Plaintiff4 himself stated that he had come back in this Disputed Property in 1988 from Guwhati(Assam). (f) Plaintiff4 also stated that he had requested to Defendant1 for Partition of property in 1978(means When testator was alived). (g)In the Plaint Plainfiff4 wrote that the Defendant1 was Unemployed and was dependent on the testator but in Cross-Examination Plaintiff4 stated that Defendant4 had his own business. (h)In Cross-Examination In Chief Plaintiff4 mentioned that there was a mutual agreement between all the Plaintiffs and Defendants and they had already distributed the property mutually in 1999,but when asked in Cross- Examination Plaintiff4 replied he do not know where is orignal copy of that mutual agreement was, Either orignal copy of Mutual Agreement was with Defendant1 or with Defendant2. (17) Plaintiff4 accepted in Written Statement of Probate Suit that Will executed on 22nd August,1994 had come to light(knowledge) for the first time on 08-01-2014. (18) Plaintiff4 never filied any application to Challange the Will in the Court Neither in Partition Suit nor in Probate Suit Neither before Amendment of Plaint nor after Amendment of Plaint to Challange the Will(Executed on 22nd August,1994). (19) Both the Attesting Witness died During Trial (but after one year of filing of Probate Suit),Legal heir of Defendant1 submitted their death certificates in the Court in December,2025 when legal heir of Defendant1 came to know that attesting witness died(One attesting witness died 10Years before filing of death Certificste another attesting witness died 6Years before filing of Death certificate). (20) Defendant1(Jitendra Kumar Gupta) never appeared in the Court. (21) Plaintiff4 wrore in Written Statement of Probate Suit that this Disputed Property distributed(Partitioned) by meets and bounds on 28th November,1999 and also it was demarcated on the Site Plan and Signatured by all the Plaintiffs and Defendants but Plaintiff4 never Present the orignal copy of that Demarcated Site Plan. (23) Plaintiff4 himself accepted that during Cross-Examinations Defendant1 was in Possession of the Property since the Property purchased(Since 1964), Plaintiff4 had come in the Disputed property after 24Years(In 1988) from its purchased(In 1964),Plaintiff4 also accepted that Plaintiff4(Plaintiffs) never Challanged the Will,never filed FIR against Will,never Filed any Suit in the Court to cancil the Will till 2025 but expect that the Court must cancil the Ungestered Will itself. (24) Plaintiff1(Shashi Kumar Gupta),Plaintiff2(Usha Gupta), Plaintiff3(Meena Gupta) and Defendant1,Defendant2 never appeared(Present) in the Court. (25) Plaintiff1 filed Chief for Cross-Examination but could never appeared in the Court(Neither in Partition Suit nor in Probate Suit) at last Court closed the opportunity for Plaintiff1 evidence. (26) Plaintiff3 already left the Disputed Property 12Years(In 2000) before filing of Partition Suit and never came to the property again. (27) Plaintiff1 left the Disputed Property after 4Years(In 2017) of filing the Partition Suit and Plaintiff1 also died in 2021. (28) Legal heir of the Defendant1 did mistake in Cross-Examination because Advocate of the Plaintiffs asked the Question very cleverly and Legal heir of Defendant stated that I do not know the documents filed in the court and I do not know the total numbers of room in the property,and also accept that Plaintiff4 is also in a small part of Possession in the Property. (30) Probate Suit is pending,because Plaintiff4 requested to the court in 2018 to Stay Probate decesion under section 10 of CPC till the Partion Suit decide as the Subject Matter of both the Cases are same. (32) In Probate Suit Summons served to Plaintiff1 Plaintiff2 Plaintiff3 Plaintiff4,during trial of Partion Suit Plaintiff1 died Summon of Probate Suit could not served to one legal heir of Plaintiff1 because he was living out of Country,All the Plaintiffs and legal heirs of the Plaintiffs given their Power of Autorny to Plaintiff4 in Partition Suit. (32) In Probate Suit all the Plaintiff given their Power of Autorny to Plaintiff4,but Only one legal heir of Plaintiff1 did not give his Power of Autorny to Plaintiff4 in Probate Suit as the Summons of Probate Suit did not served to the one legal heir of Plaintiff1. (32) Since one of legal heir of Plaintiff1 is out of India,therefore Propounder of the Will could not able to serve the Summons of Probate Suit till 2025 to the one legal heir of Plaintiff1 therefore trial of Probate Suit not begun hence neither Defendant1 could present Attesting Witness(Paltu Singh) in the court for Cross-Examination nor Plaintiff4 requested to the court for Cross-Examination of the Attesting Witness(Paltu Singh) now on 17th November,2019 Attesting Witness(Paltu Singh) Died. (33) Advocate(Gaurav Sharma) of all the Plaintiffs and Legal Heirs of Plaintiffs is same. (34) Legal heir(Anuj Gupta) of Plaintiff1 given his Vakalatnama to Advocate(Gaurav Sharma) in Partition Suit but not given his Vakalatnama to any body in Probate Suit. (36) Court had closed the Opportunity for Rebuttal in Partition Suit on 17-10-019 for the Plaintiffs, and Plaintiffs never give any request for Rebuttal in Probate Suit . (37) Defendant1 mentioned in declaration Suit that Defendant1 helped his father(testator) when purchased the disputed property and his father(testator) given different Properties at different places to all the Plaintiffs(Son and Daughters),but all the Plaintiffs denied that the testator had given them any Properties but during Cross-Examination Plaintiff4 replied that he do not know about it since Plaintiff4 was in boading college or in Assam during that period. (39) Another Legal heir of Defendant1 is not well therefore he may not file Chief for Cross-Examination and he may not present in the Court for Cross-Examinations in Partition Suit. (41) Arguments are still Pending. Question:- Expected Judgement of Partition Suit based on following Judgements of Supreme Court :- (1) K.Laxmanan v. THEKKAYIL PADMINI(2009) 1SCC 354 (2) Pentakata Satyanarayana v. Pentakota Seetharatnam(2005) 8 SCC 67 (3) Krishna Kumar Birla v. Rajendra Singh Lodha & Ors.,(2008)4 SCC 300 (4) Yumnam Ongbi Tampha Ibema Devi v.Yumnam Joykumar Singh,(2009) 4 SCC 780 (5) Jaswant Kaur v. Amrit Kaur(1977) 1 SCC 369 (6) State of U.P v. Chet Ram(1989) 2 SCC 425 (7) Anil Kak v. Sharada Raje,(2008) 7 SCC 695 (8) Gurdev Kaur v. Kaki,(2006) 5 SCC 588 (9) Sarla Devi v. Banti Devi,2005 (2) RCR(Civil) 230 (10) Janki Narayan Bhoir v. Narayan Namdeo Kadam(2003) (11) H.Venkatachala Iyengar v. B.N.Thimmajamma(1959 AIR 443, 1959 SCR Supl.(1) 426) (12) Jaswant Kaur v. Amrit Kaur(1977 AIR 74, 1977 SCR(1) 925) (12) Rani Purnima Debi v. Kumar Khagendra Narayan Deb(AIR 1962 SC 567) (14) Surendra Pal v. Dr.Saraswati Arora(AIR 1974 SC 1999) (15) Niranjan Umeshchandra Joshi v. Mrudula Jyoti Rao (2006) 13 SCC 433 Questions:- Status of Section 68 Proved or not Proved in the above Suit ? Question:- Status of Section 69 Proved or not Proved in the above Suit ? Question:- Ststus of Section 70 Proved or not Proved in the above Suit ? Question:- Please explain anything against the legal heir of Defendant1 ? What more should be done by the Legal Heir of Defendant1 also advice ? What are more Challanges to be seen or face by the Legal Heirs of Defendant1 ? Please explain in Hindi.