This case is of typical NRI family. The family of 5 sons, one daughter and an ailing father who wrote several wills and left the family in a dispute after his.This case is a real story of Raj Malhi, an NRI living at England. His father Baldev Malhi died in 2011 leaving behind a huge estate for his heirs in Punjab, India. He was a landlord and left behind a big amount of cash and jewelry with the banks and around 117 Kanals of land for his heirs. In addition to this he too had a beautiful house at Jalandhar, Punjab purchased by Balraj Malhi and his wife Jasvir Malhi jointly. Balraj Malhi before during his life time executed many Wills. Balraj was an old man and had mental illness and couldn’t never understand documents. Each time he would travel to India with a son; he would write a will in his favor. After his death, each son had a will in his favor. However, one son Jagjit Singh knew all about the wills, he made his father cancel all the Wills and make one in his favor just before his death. This became a reason of a feud between the brothers. They all filed cases separately in court for validating their Will. They were continuously battling over this and were constantly in fights and would end up in police stations on their visit to India.
It was finally that when the evidence was led in the cases, we were able to prove:
- Balraj Singh Malhi was of unsound mind and incapacitated to make decisions.
- At the time each Will was made or cancelled; the person benefitting was present and influenced Balraj Singh.
- Balraj Singh Malhi’s medical reports were produced in courts and the doctors stepped into the witness box.
- The witnesses to the Will testified but their cross examination helped us to convince the court about the health of Mr. Malhi and the presence of his children.
- It was one care taker of Mr. Malhi who testified and stated and everything on record.
The courts were convinced and concluded the case that the estate of Mr. Malhi should be equally divided and all the Wills were set aside. The courts held that the mental state of Mr. Malhi did not permit him to write any document and register it. It was in a span of 3years the case came to an end. Not only this an effort was made to have the entire family sit together and end this matter to ensure no party goes in appeal. The parties finally decided to sell the property and divide the consideration in equal parts. It was in the next 8 months that the property was sold and monies were taken by each party. They are now once gain reunited and often meet at family functions.