WHEN IT IS NECESSARY TO CHALLENGE A WILL IN THE COURT

Necessary to challenge a will in the court

This could very well pass off as the saga of relationships, confusions and chaotic disputes. Hemraj Vatsyan’s father Dwarka Dass had two wives. His first marriage with Kamla Dass ended up in a divorce and he then married Jagminder Kaur. He had three sons from his first wife and then adopted a girl, Peggy. Later after his divorce when he remarried, he had a son from his second wife. During his lifetime, he had accumulated properties near Amritsar and under the natural succession principal, all his children would have inherited. However, in the year 2010, he made a new will document in which he disowned his first wife, their three sons and the adopted daughter. Under this will, all his property was to be handed over to his son from the second marriage, Dilraj. Since Dilraj was still a minor, it was stated that nobody could sell the property till Dilraj would become a major. In addition, nobody could take guardianship of Dilraj.

There was another angle to the entire situation too. Dwarka Dass seemed to have a problem with his brother Tilak Raj. To sort out these problems and handle the case Dwarka Dass apparently gave power of attorney to Manjit Soni, his father’s brother’s son. However, after Dwarka Dass’s death in 2014, Manjit declared that Dwarka Dass had in fact made another will document wherein he had transferred some property in his name.

The Will Document

Hemraj had been a resident of Birmingham, UK for the past twenty years and by his own admission, he felt thoroughly baffled by the sheer web of complexities that seemed to loom large at him. He approached the NRI Legal Services office in Birmingham and explained that he needed to understand the current status of all the properties as also get the same evaluated. Along with that, he would be requiring legal advice on challenging his father’s Will since he felt there were some loopholes in it. For one, he was of the strong opinion that Dwarka Dass’s signature seemed forged. Also, as per the Will document, the Peggy also stood disowned from the property which seemed quite tough to believe. She with her three brothers wanted to not only challenge the father’s Will but also check if they could file a case against Manjit Singh to challenge the transfer of Dwarka Dass’s property to his name. Later, Peggy also came from the USA and joined Hemraj in some of the sessions he had at the NRI Birmingham office.

The other two brothers could also connect from India and it was easy for the four of them to have video chats and discussions with the legal experts of the company. Emails to and from the office, messaging availability, easy access to all lawyers and regular updating from the office kept the anxiety levels of the clients down to bare minimum. In time, Hemraj genuinely started believing that he needn’t even travel back and forth to India to sort out the property issues. Almost all of his work got done without his going there. The property search and evaluation work got completed without much ado. In time, they were also able to challenge the Will and gradually prove their point in the court. They kept their faith and after a long trial they won the case and got their rightful share in the land and property.

The entire mesh of relationships accepted and ignored, cases handled and fought, Hemraj said later on that coming to this office was like finding salvation when he had morosely started preparing himself for misery all life!

My tenants are not paying rent neither vacating the property need solution

landlord tenant disputes

Like most NRIs, Shailesh Bhatia and his wife, settled in London – were convinced that leaving their family bungalow, on the outskirts of Pathankot, on rent would keep the house safe and well maintained. It was easy to decide to rent out the property to a small family of four, a businessman, his wife and two teenage children. Having been away from India for about five years, Shailesh was happy and relieved that he had no worries on this account and things were being taken care of. Things, however, started to take a different turn when Shailesh’s wife Sharda called up the tenants to inform them that they would be needing the house vacated in about nine months for their daughter’s wedding. The Bhatias were planning to come to India and stay there for three months during the wedding time. They had figured it would take them about a month or so to get things sorted out in the house before the wedding.

Much to their astonishment, the tenants expressed total inability to shift at such short notice and in fact were suddenly verbally abusive too. To make matters worse, they stopped paying rent suddenly. Left with no option, Shailesh started frantically searching the internet for any clue on how he could resolve his issues. By sheer luck, in his intensive search, he came across the website of this company and ultimately contacted the London office of NRI Legal Services to help him out in the matter. To begin with, it was a relief for him to know that Rent Laws in India had changed considerably over time in favour of the landlord. He also came to know that the state of Punjab, in particular, had now implemented efficient rent laws with special provisions for NRIs in such cases. These were formulated to especially sort out landlord-tenant disputes.

Efficient coordination between the London office of the company and the India office made sure that Shailesh’s problems were sorted out in the best possible manner. He was spared the trouble of having to visit again and again and his grievance was taken care of by proficient representatives. The Bhatias were, in due course of time, convinced that sorting out landlord-tenant disputes needn’t be a nightmare for anybody.