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anish   30 August 2011 at 17:12

Will

My Father expired 9 years back leaving behind a WILL wherein I was made executor. Since younger brother was notorious he was excluded and kept aside from WILL except certain bequeaths. After death all legal heirs read the WILL and letters were given to them explaining provision applicable to them. Replies were received from each heir including notorious brother that they have no objection to WILL. Since no immovable properties were in Mumbai probate was not taken. Certain immovable properties were in Nasik . To give effect to transfer these properties as per father’s wish WILL was subsequently registered with sub registrarunder sec 40(1) of Registration Act and properties were transferred accordingly seven years back. Now the notorious brother has started giving notices that WILL was forged and consents given by him are also forged and I along with witnesses have forged this WILL. Witnesses can very well prove that father had signed WILL in front of them & even if my brother threatens them to say otherwise witnesses while registering WILL have given affidavit in front of sub-registrar that my father had signed in their presence. However brother is alleging that he will prove that will is forged by sending it to forensic lab by court order. We have taken expert opinion of about father’s signature. Since father was not well and feeling weak he had signed WILL slowly and consciously. Brother is alleging that signs are traced and forged. In our opinion WILL is always proved by witnesses signature. This is a civil matter. How can forgery allegations be made after so many years? Please let us know our defense in this case as we do not know what forensic report may reveal.
Further brother has managed police station and has given an application that very grave crime of forgery and preparation of bogus WILL is committed 9 years back & police is calling me to file my answer. In my opinion proving genuineness of WILL is civil matter and should be tried in civil court .
My queries are:
1) Can my Brother make such forgery allegations after 9 years even though he is aware of WILL.?
2) Witness testimony is main evidence and when witnesses testify that my father has signed in their presence how can forgery allegations stand?
3) How do I tell police authorities that this is a civil matter and not under their jurisdiction. Otherwise they are notorious for framing anybody under grave charges even though later on it may prove wrong.

N.J. MISHRA   30 August 2011 at 11:58

Jurisdiction

our is a agency company, having its head office at Mumbai and branch offices at jamnagar, cochin, kolkata, managalore. All the transactions and records are maintained at our head office at Mumbai. After certain period of time, the accounts dept in Mumbai came to know that one of our vendor at the instance of one of our employee at Kolkata office has claimed more amount in respect to work done by the said vendor. i just want to confirm that, if we want to take legal action against the said employee and the vendor whcih police station and the court will have the jurisdiction to entertain the case, either Mumbai or Kolkata. Can we file a police complaint or court case in Mumbai under section 179 of Cr.P.C., members are requested to guide me.

Anonymous   30 August 2011 at 10:05

15 days notice, check bouncing

In case of cheque bouncing, After sending the legal notice, there is a period of 15 days time for the other party to settle the matter.

Does this 15 days include holidays? or we have to leave holidays (such as Ramjan/Ganesh Chathurdhi etc) out and then count?

Anonymous   30 August 2011 at 09:39

Section 138 of n.i.act

What is PRONOTE, please provide details on that.

Anonymous   30 August 2011 at 07:10

Suit for immovable

pls expn what is suit to obtain relif for wrong done to compensation of immovable prop.

Jolly James 9447287658   30 August 2011 at 05:23

Domestic violence act

A petition was filed by wife for residence order in shared house U/S 19 of the DVAct. The petitioner was not in possession of the house on the petition date.While the petitioner was away from home husband was lease out the house. Is there any provision to get an order to re enter in the house as per DV Act. I am agreeing that the petitioner has right to reside in the shared house as per section 17 of the Act.My contention is that such a situation the petitioner is only entitled to get an order U/S 19 (f), a rented house. what is your opinion, is it a sustainable contention support me.

abhi sharama   30 August 2011 at 00:23

Bail system

says : hello sir
MIsc crimal law is the chance of bail is there,,,,,,,,,,,,,,,,,,,

Anonymous   29 August 2011 at 23:20

Police mediation

My wife filed false Sec 498a on me and my family and we have got anticipatory bail. Now I got a call from the police station saying that my wife is ready for compromise and settlement and she would withdraw all the cases once the settlement is reached ? should I believe her or should I go legally contesting the FIR saying it is false ? My parents are really old and they cannot run around to courts in Bangalore. Can somebody suggest a best way around to come out of this mess.

Anonymous   29 August 2011 at 22:44

Eve teasing act.

Eve Teasing Act

Can i have the link for this act as it is not under google.

Also what do u mean by the above act it is applicable in india.

Thanks.

NAVDEEP SINGH SRAN   29 August 2011 at 22:36

Death

Person A threaten & abuse person B.Person B die by heart attack cause due to abuse & threaten.Which sec of IPC will apply on person A.
NOTE ; person A do not touch person B during abuse/threaten.