How to prove that a WILL supposesdly old by 45 yeas as Forged WILL


Respected Sirs,
Partion of father's property done in 1956 by registered deed between brothers Suman, Prathap and Murugan.
As per the Deed, Schedule A for Prathap and Schedule-B is for Suman & Murugan together as joint holding.

Suman, un-married, without wife or children died at the age of 48 in 1966.

The joint property is possessed and enjoyed by Murugan & heirs of Murugan, since the death of Suman. even now that is 2015

Prathap and Murugan, both have wife and children.

Both Prathap and Murugan are not alive now.

Heirs of Prathap approaches in 2015 for partition of the property of Suman as class II legal heirs.
Murugan family informs about a WILL of Suman bequeathed favoring Murugan.

Prathap family is sure that the WILL is forged and they want to prove it?

The dilemma is the property is in possession of heirs of Murugan.
What is the procedure of the heirs of Prathap to prove that the WILL is forged?

Now No case is pending regarding the property.

1. Whether the heirs of Prathap has to file a partition suit, and when heirs of Murugan produces the WILL they  have to challenge it ?
2. Can they challenge the authenticity of the WILL as Suman made the WILL at the age of 48 is itself doubtful?
3. Some experts have also opined to them that As per Evidence Act any document which is old by 30 years or more is presumed to be valid.

4. No Probate for the said WILL... But Probate of the will is necessary when some property mentioned in will is to be recovered from some third Party. Here there is no such question, as the property in dispute is in possession of heirs of Murugan.

Thanking you in advance sir...

 
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Advocate/Attorney

I have already replied in your personal message box. Anyway I am again replying to your query.

1. Where is the property in question situate, in which state. Probate is compulsory in only two states i.e. Kolkotta and Mumbai.

2. Whether will is registered or not.

3. Whether there is signature or thumb impression on the will deed.

4. Can you send me the scanned copy of the will.

5. To whom you are representing. i.e. who are you, to whom you relate.

6. If the above will is not proved. Both the families of Pratap and Murugan are entitled for the 50% share of Sch-B property under Class II heirs. The other 50% share of sch-B  property will go to Murugan, since he is the half share holder of Sch.B property. Possession of murugan is immaterial.

7. If you have any doubt about will, you can challenge the same when some body claims property by filing the above said will.  You can raise objection regarding the signature/thumb impression, handwriting of the will, about the genuine of the witnesses.

 

 

 

 
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Respected Ravinder Pasula Sir, Thank you very much for the valuable reply sir,

1. The property is in Kerala.

2. WILL dated 1965 is not registered, but witnessed by two persons. Both the witnessess are not alive, but relatives of the witnesses are alive.

3. Yes the WILL has signatures, and NOT Thump impressions

4. The WILL is with the other party,

5. I am relative of pratap.

We presume the signatures of the Witnesses will be proved by their relatives.

Moreover, the WILL is supposedly prepared 50 years before. And Murugan (till his death) , his wife and children are enjoying and possessing the joint property without anybody disputing or claiming so far at-least till 2015.

Practically, what are our chances disproving the WILL and claiming share in the property of deceased Suman as class II heirs?

Is it not that we have to file a partition suit to claim our share? Normally how long it will take to get decree in a partition suit?

Sincere thanks once again in anticipation of your valuable reply sir,

 
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Advocate/Attorney

In my opinion it is very difficult to prove the will.  Because, first of all it is unregistered, moreover it is very old, secondly its witnesses are now dead.  Witnesses play very prominent role in the will. Without witnesses, it is very difficlt to prove the will.  If the will is written in the own handwriting of the testator, there are some chances of winning the case. 

 

Hence in the above circumstances, point No.6. will come into play. There was a slight mistake in Point No.6.  I have corrected it.


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Advocate

You may file Partition Suit by application of the provisions of Hindu Succession Act,1956 and pray for permanent and temporary injunction over the property. Normally Partition Suits take some considerable time to dispose but if you engage a prudent lawyer it may be ended within 3 years.


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As advised by expert lawyers  the  option before is you is  to file a partition  suit and seek relief through court of law instead of getting confused with too much of technical terminologies. 


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