Circumstancial evidence
milind phope
(Querist) 23 April 2012
This query is : Resolved
My uncle expired in the month of June 2011.His death was sudden and unexpected.He died outstation in a nursing home,in town where uncle's daughter stays..
His daughter hurriedly made all the arrangements for the body-ceremation without giving chance for his son to attend (his father's)uncle's funaral.
Son was in doubt regarding the sudden death of his father.He has gathered all the evidences of the circumstances happing the day of uncle's death and his ceremation.
The daughter has surfaced Uncle's WILL after very 7th day of the his death,whre his entire property is given to the daughter.
Now the son has every right to challange this Will,but what about the malfunction noticed,on Uncle's death and cerematin.
Can son launch the FIR for the complete enquiry of his dad's death.How should he proceed after so many days have passed from his dad's death.? He can chalk-out all that happened on that perticuler day.He even has witnesses who had similer doubt in their mind about the Uncle's death.
How should he proceed ?
Devajyoti Barman
(Expert) 23 April 2012
Though there is a vital delay . seeing the doubtful circumstances you may lodge complaint with the local Police even now.
If the Police fails to act, you can file petition to the Magistrate u/s 156(3) crpc.
Raj Kumar Makkad
(Expert) 23 April 2012
Circumstantial evidence do not remain till such a long time. It was upon your friend to have lodged FIR at least on 7th day of death of his father when his sister for the first time shown the will of her father.
The delay is unexplained and merely doubt in the mind shall not work and is not going to help him at this stage.
PARTHA P BORBORA
(Expert) 23 April 2012
yes. I support the view of Mr.Makkar. you should challange the will in the civil court. consult with a civil lawyer.
Shonee Kapoor
(Expert) 23 April 2012
I endorse views of Ld. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 23 April 2012
challenge the will if signature has been forged . was your father in sound mental condition at the time of his death?
or was he suffering from major illness ?
the nursing home must be having deatiled emdical report of his condition . consult another doctor on basis of reports as to whether correct medical treatment was gioven or not
Santosh Goswami,Advocate
(Expert) 24 April 2012
Forget about the criminal proceeding.If you have sufficient ground you can challenge the Will. In this regard we have to check the authenticity of the Will.
919555462995
milind phope
(Querist) 24 April 2012
To challange the WILL is the alltogather different story. That has to be done when criminal procedure fail to fetch the results.But,If we can prove in criminal case that there was malfunction in Uncle's death and befificiary is prime suspect then what will be the fate of this WILL,even it is an authentic.?
PARTHA P BORBORA
(Expert) 25 April 2012
dear quarist its too late to file a criminal case as it is a case of circumstantial evidence. There are various provisions in civil law to challenge a will. So don't be panic. Consult with a civil lawyer.
