Advocate Siddhant Jain

Questions Answered by Advocate Siddhant Jain

Q: Property Ownership Issue - Notarised will without witness

My grandfather had purchased a property in 1957 and then made a will and a gpa in favor of my grandmother in 1992 however same is only notarised and not registered with witness field left blank. Then my grandfather died in 2000. My grandfather had 4 sons and 4 daughters.On the basis of above will my grandmother made a regitered will in my favor for the half of the house and for remaining half she didn't do anything. What can i do as first will was not signed by witness.

Advocate Siddhant Jain answered
Technically, a will needs to be signed by two witnesses. In the absence of the requisite essentials of a will, the title derived through it would also be open to challenge. But it will have to be seen exactly what are the contents of the GPA and will and whether based on those documents, your grandmother’s title on the property is being reflected in the public records.

Q: how to rebuild or sell ancestral property asper regd. will

My parents have expired and have left a REGISTERED JOINT WILL in the name of four children, % wise. Can any one advise what is the next course of action if the four children want to rebuild the property and acquire it %wise OR SELL it all together and acquire %age share. Different lawyers are giving different opinions.

Advocate Siddhant Jain answered
In case all the children are on the same page regarding what’s to be done with the property, you can dispose of the property or rebuild it without any court interference. Court interference might be necessary if there’s any dispute among the siblings.

Q: Will to be proven for grandparents' self acquired property.

My mom is single child of my grandparents. My grandparents had two plots which was his self-acquired property. My maternal uncles (son of grandfather's brother) have will for the same plots. My grandparents have expired now. The will is unregistered. Do I need to prove one of both of the witnesses wrong in the district court. What are the ways to prove the will wrong. Let me know if any other details are required.

Advocate Siddhant Jain answered
You will have to get the will declared as null and void in the courts of law. While registration of will is not mandatory, non-registration of the same leaves room for challenging the genuineness of the will and the signature affixed on the same.

Q: Case Has settled but Respondents not completing first motion.

Our case ( complainants) has settled in Mediation of one of the district courts however the respondents were supposed to complete first motion (first payment) in the first week of April 2024. Our lawyer says their advocate is delaying the matter and not signing on the affidavit. We have still not withdrawn any case but little doubtful that our lawyer has started advising them to get rid of the settlement and assisting them to come out of it or may be giving other alternatives to them. Remedy pls

Advocate Siddhant Jain answered
You should send a lawyers notice issued to the other party asking them to comply with the terms of the settlement. In case they don’t comply, you will have to seek the intervention of the concerned court.

Q: Case settled in Mediation but Respondents not following the order.

Our case ( complainant) has settled in district court Mediation as execution, D.V and 498 - A cases are still pending to be withdrawn by us. Now other party has stopped responding and not proceeding with court's order and signing on first motion affidavit which means ignoring the settlement agreement. What can be done in this situation and obligate them to complete the settlement by making the agreed payment.

Advocate Siddhant Jain answered
Since the cases have not been withdrawn, I assume the statements of both parties have not been recorded. You should get a lawyer’s notice issued to them asking them to comply with the terms of the settlement. In case they still don’t comply, you should seek intervention of the concerned courts.