Legal Question in Wills and Trusts in India

kindly give me suggession

Dear Sir,

Thanks for free counseling

My case:

Registered will for self acquired property favoring his younger son,

Younger son v/s other brothers

Lower court has accepted as self acquired, but has dismissed the petition of the younger son/brother reasoning:

1 .signature & the thumb impression of the deceased person do not match with the available document (executed on 1964) and the registered will (executed on 1984) - verified by Judge himself

2. Regarding 2 witnesses of the registered will ware also no more, even though sons of the witness attesting the signatures of their father�s, Judge does not accept it , reasoning that their sons does not no what is written in the will.

My comments:

It seems other brothers have influenced the judge in an illegal manner.

My query:

1. Does the Judge have the authority to verify the signature & thumb impression?

2. Defendants are capable of influencing the apple court Judge or the authorities

of the lab examining the signature & the thumb impression- Is there any secret

way with out the knowledge of defendants is it possible to send the documents to

the lab through court ? (at present original will is in the custod


Asked on 8/09/07, 11:56 am

3 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: kindly give me suggession

you can challenge teh order in the higher court. if document is already filed in court you cannt send teh documents to the lab without the order of the court

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Answered on 8/10/07, 11:51 pm
G. M. Gupta gmguptaandassociates

Re: kindly give me suggession

judge has authority to varify everything.

you can also do this

you can ask court to varify the things on your expenses.

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Answered on 8/17/07, 10:23 am

Re: kindly give me suggession

If you are not satisfied by the order then challenge the order in higher court.

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Answered on 8/09/07, 12:30 pm


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