Execution of a will
Mohammed Rizwan Shaikh
(Querist) 30 April 2017
This query is : Resolved
Sir,
A Muslim client of An advocate who is also the executor of the Will. Before the death of his few days before he handed over the copy of the said Will to the Clients son. The son lodged false complaint with the police that the will is forged and bogus however the original will is in the advocates custody and not yet lodged for probate.
Can any advocate handover the copy of the will to his before the death of the testator? will this act go against the Advocate if the son says that the will is forged? what will be the courts view?
Regards,
Mohammed Shaikh
Kumar Doab
(Expert) 01 May 2017
The query may be redrafted so as to convey a clear message.
Kumar Doab
(Expert) 01 May 2017
Based on limited understanding: If the WILL is challenged then it lands up in probate court of pecuniary jurisdiction.
The probate courts shall decide.
As per your post the son is challenging the WILL.
He can.
Hemant Agarwal
(Expert) 01 May 2017
CONSIDER THIS:
1. IF an advocate has been entrusted with a will, as a custodian, THEN without the express written directions of the will-maker, he will not be able to give a copy of the will to anybody, till demise of the testator, that too only by following due procedure of law (opening of the will, before witnesses .... )
2. Failure of the above, would be criminal breach of trust, cheating ....
3. Whether a will is forged or not, can be determined only by filing proper application before the relevant court and the police cannot have any jurisdiction on the same. ONLY the will-maker has the legal jurisdiction to declare that the will is forged and not any third party, whosoever.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Mohammed Rizwan Shaikh
(Querist) 02 May 2017
Thank you so much experts, for your advice.....God Bless you all...
Mohammed Rizwan Shaikh
(Querist) 02 May 2017
Sir, I failed to ask one question that the WILL doesn't have Doctors signature. What would be the case in such scenario?
Kumar Doab
(Expert) 02 May 2017
It is not mandatory.
Guest
(Expert) 02 May 2017
Mr. Mohammed Shaikh,
In your latest description you have stated, "the WILL doesn't have Doctors signature."
By the way, where from the reference of a DOCTOR cropped up, when your original question did not give any hint about anybody being a doctor, neither the client (will maker), nor the executor, nor the advocate, as an executor.
Dr J C Vashista
(Expert) 03 May 2017
A hypothetical query should have been avoided.
krishna mohan
(Expert) 03 May 2017
I agree with the suggestion of Mr.Hemant Agarwal.
Kumar Doab
(Expert) 03 May 2017
Hope you are satisfied.
Rajendra K Goyal
(Expert) 03 May 2017
Agree with the suggestion from expert Mr.Hemant Agarwal.
Kumar Doab
(Expert) 03 May 2017
Further Mr.Hemant Agarwal might be near to you.
You may get in touch with him.
