Property case about daughters and son

959 votes

If the son is relying on the Will, he must prove that the Will was validly executed. If the attesting witness tells the Court that he does not remember the execution of the Will, did not see the father sign it, and cannot say who was present at the time, then the Will becomes difficult to prove. In such a situation, the Court may not accept the Will unless there is other strong evidence supporting it. If the Will is not proved, the father's property will generally be divided equally among all his legal heirs, namely the 4 daughters and 1 son. Therefore, based on the facts stated by you, the plaintiff-daughter's case may become stronger, but the final decision will depend on the entire evidence available before the Court.

Advocate Ravindra Anjaneyulu LawRato

809 votes

If the defendant relies upon a Will, the legal burden lies upon him to prove its due execution and attestation in accordance with law. Where an attesting witness states before the Court that he does not remember the execution of the Will, did not see the testator sign, or is unable to confirm the essential circumstances of attestation, the evidentiary value of the Will may be seriously weakened. In such circumstances, if the Will is not proved in the manner required under the law, the Court may disregard the Will and treat the deceased as having died intestate (without a valid Will). In that event, the legal heirs would ordinarily succeed to the property as per the applicable succession law. However, the final outcome depends upon the entirety of the evidence on record, including the testimony of other witnesses, surrounding circumstances, documentary evidence, and the Court's assessment of the genuineness of the Will. Prima facie, weak or inconsistent attesting witness testimony generally operates against the propounder of the Will and may strengthen the plaintiff's challenge.

Advocate Pavani Kumari LawRato

945 votes

hi first need to stage of the case and all the evidence placed before the court and all the proceedings and if it is based on all false evidence then they are high chances of probablity to win the case

Advocate Baddam Aravind Reddy LawRato

746 votes

The burden of proving that the will is genuine is on the person who claims that there exists a will. In the event that the person is not able to prove the genuineness of a will, the Court will not consider the will and partition the father's estate in accordance with the applicable law amongst all the legal heirs. The advice is based on the limited information that is provided. For better resolution kindly contact us by providing complete information so as to enable us to understand better.

Advocate Sreeram Viswanath K LawRato