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Q. Partition Suit(Defendant)/Probate of Unregistered Will.

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Anonymous

posted 1 month ago

Q.Partition Suit(Defendant)/Probate of Unregistered Will.
Dear Sir,
My father (now age 76 years) and my grandfather(expired in 1995) purchased a land in 1964,and construct a house in 1965, due to some family reason my father transfered his share to my grandfather without any money transctions since my father helped a lot to establish his younger brothers and sisters and also helped to my grandfather to construct the house.
In 1994 my grandfather executed an unregistered will in favour of my father(mentioned that all the movable and immovable property will be transfered to his eldest son).In 1995 my grandfather expired.
In 1998 all the brother and sister of my father agreed on the Will and also wrote on a plain paper that they were agreed but that paper was signatured by one of uncle(younger brother of my father) and one of my cousin(son of my father's sister) only.
And all the brother and sisters of my father were agreed to pay the monthly rent of that portion in which they were living(all the brother and sisters mentioned it on the house map and signature it with date) but they never paid any rent nor vacate the property.
My father has three brother and two sisters,In 2013 my father's two brothers and two sisters filed a partion suit against my father, my father respond the case saying that he has a will in his favour and on advise of his advocate my father also filed a Probate of Will Suit in 2018 with the affadavit of one witness.
Only one of my uncle who is living in town respond the Probate Case after 150 days of received summon, none of other uncles respond the suit.One of my is not contesting any suit he never received any summons nor contesting any suit.
Now in July,2019 one of my who is only living in Dehradun(In the town) submitted a Handwitten Will of 5 pages in Hindi without the signatures of my grangfather(the testator) and also not signature by any witness but my uncle is mentioned that it is handwritten by my grandfather(the testator), he(younger brother of my father) also mentioned that he has a hand witten note book/dairy of my grandfather with him.
Sir my grandfather retired in 1979 from PWD(U.P) and he done all his office work in english only when I tryed to contact PWD(U.P) for hand writting samples they said that they do not have 40 years old records with them.
They can provide his signatures only in those are in english and same on the Unregistered Will submitted by my father in Probate Suit.
Please advice furher.
Regards,

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) Take the permission of the court.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. ) take permission from court for sending such document to the forensic handwriting analysis or expert then it will be clear

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Anonymous

Replied 1 month ago

I think for forensic handwriting analysis we must have specimen of handwriting in Hindi, but we have only specimen of handwriting in English.
Because he write in English only.
All his work in the government office was in English only.
Regards,

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Anonymous

Replied 1 month ago

Dear Sir,
For forensic handwriting analysis we need specimen of handwriting in Hindi but my grandfather was working all his work in English only.
He retited in 1979 and he did all his official work in English only.
Therefore we do not have handwriting specimen in English.
Please advice.
Regards,

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 1 month ago

Ask about it to the court . Otherwise not possible

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Anonymous

Replied 1 month ago

I think We should try to prove the Will, which we filed with the Probate case.
Witness of the Will has already given his affadavit in favour of the Will.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 1 month ago

Which will submitted from defendant send to the forensic lab for which will true

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Anonymous

Replied 1 month ago

Dear Sir,
My father has filed the orignal Will with the affadavit of the witness of the Will in the Probate Suit.
Regards,

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Anonymous

Replied 1 month ago

My father has alredy filed the orignal Will with the affadavit of the witness of the Will alongwith the Probate of Will suit.

Regards,

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 1 month ago

Sir I said if you want to prove it original will then do it

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Anonymous

Replied 1 month ago

Okay,
I think i am not able to explain you the complete suit.

Thanks,

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 1 month ago

Welcome

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