- This topic has 19 replies, 5 voices, and was last updated 1 year, 2 months ago by
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FContext: My grandmother had three children (eldest son, middle daughter, and younger daughter). My father died before my grandmother. Then, my grandmother died. A few years later, my younger aunt died. My grandmother left a will (registered with witness and all), of which we were not aware of earlier. Last year around October, we were required to make some legal changes in the official documents, so we asked the middle daughter and son of the younger daughter for RD (Deed) to sign and get things over with. It stirred everything up. They both started showing rude behaviour, misbehaving with my mother (Chronically ill), threatening my younger brother (chronically ill). Then, somehow, we got our hands on the will. My mother had it stashed safely somewhere if something happened. My grandmother and father knew what could happen in the future so they made all the arrangements first hand.
As per the will, my grandmother passed down everything to my father. As per the laws, I, my mother, brother, and sister are legal heirs of him. I got the property transferred on my mother’s name now.
The son of the younger daughter, some piece of ungrateful shit, gave us a lawyer’s notice for partition or settlement, we ignored it. Then moving forward, we cleared everything out. Told him about the will and shit. On 3rd April, we received a summon for a settlement. In his suit, he has written that my grandmother died intestate.
The thing is, I am clueless and scared. I don’t have the finances or resources to fight this thing off. I would try though (take a loan or something).
Legally, as I believe, he has no claim because of the will. He was physically abusing his single mother. He has basically threatened us to put us on the road.
Any advice would be appreciated!!!
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SYou have the right over the property. He is trying to go for partition by negating the WILL but it will take years for the suit to be decided. Hire a civil lawyer who is an expert in land laws. They can’t take anything from you. File a police complaint if things like harassment continue.
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SCivil suits are very slow. It generally takes 10-12 years for a partition to be decided and if the lawyer actually wants, he can drag it for 20+ years also
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EFirst case only.
I previusly filed a case in HC as party in person got in protonary master OS. Judge was polite he gave 1 month buffer next hearing. Then i did not made proper draft he gave 2 days more and come again.
I got my case dismissed aftee 2 days.
I was simply polite and honest.
I am very young so cant afford an advocate.
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EActually i am right noe trying to have a criminal misc application for 120-c ,420, 467. My father died and my relatives forged a will.
I also have one witness where she was forced to sign a will tha too after one month.
The handwritinga also does not match as well.
So do i need a handwriting report in high court ?
Also do witness need to come to court ? She stays 500km away from place also she is 72 years. I am 26. My case in my locality. She stays in native place. -
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SAlso, the summons are just regular procedures, when someone files a case against you,court will ask you to come and explain your stand, for that summons are issued. Hire an advocate, he will handle everything. Keep the original WILL very safe.
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