Probate


Sir, we have trying to get probate agst my father in law property which will has been prepared by him but we have not getting that his three childred made a will which was not registered and the signature of the father in law alos different we wanted to know wwere we can compliean regarding the signature forged and they have submitted into court also
 
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U file objections in court against the forged.will. u file application for expert evidence who will step to box in court evidence that will is forged or not . U have to pay experts fee for his opinion
 
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We have not received the court date we have only got the will which they have submitted in court our advocate his every time telling us to wait who will appoint court will do it our we have request the court to do

 

 
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FIN

In threads initiated by you, you have already got some responses.

Probably the WILL that is with you was registered, and IT was submitted in court for Probate of WILL.

The other legal heirs of deceased FIL have submitted another WILL that si not registered.

You have objected to 2nd WILL suspicion is that signature of tetstor on WILL submitted later are different.

The court shall decide the matter.

Hope you have a very able LOCAL counsel and your counsel is representing you in court.

Your counsel may opine that prayer to court for examination of signatures can be made.

Once the court is convinced court may frame questions like;

“Whether the Will was true and genuine and whether the Will was executed by the Testator in a sound disposing state of mind.”

The court may examine the attesting witnesses and even may send for opinion of handwriting expert, FSL,CFSL.

A Forged WILL may be one that was created/crafted without knowledge of deceased testator and/or that was created by deceased testator BUT upon which signature of testator were forged.

In case of forgery complaint may be lodged with police and IO may also want to send the WILL/signature forexamination by Expert/FSL.

If forgery is proved the person that committed forgery is to stand before court of law.

 
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FIN

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Testamentary Succession/Succession/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

In the meantime you may go thru;

Madras High Court

J. Naval Kishore vs D. Swarna Bhadran, J. Parasmul, P. ... on 3 October, 2007

Equivalent citations: 2008 (1) CTC 97, (2007) 5 MLJ 1417

Author: R Banumathi

Bench: F I Kalifulla, R Banumathi

 

 

 
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FIN

Delhi District Court

Judgment: vs . on 4 July, 2009

Author: Sh. A.K. Sarpal

      In the court of Ashwani Sarpal, Addl. District Judge-05,

                  West District, Tis Hazari Court Delhi.

 

 

 

                              Smt. Rita Segan & Ors.

 

 

                                          vs.

 

                                     State & another

 

                                (PC no. 341/06/04)

 

 

                                                       Date of filing of petition-5-8-2004

                                                       Date of decision----------4-7-2009

 

 

 

                     (Petition for grant of Probate u/s 276

                            of Indian Succession Act)

 
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FIN

Delhi High Court

Krishan Dass Gupta vs State & Others on 16 February, 2012

Author: Reva Khetrapal

*   IN THE HIGH COURT OF DELHI AT NEW DELHI

 

 

+                  TEST CAS. 44/1999

 

and pick up relevant points.

 
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