challenging the fraudulent will

Querist : Anonymous (Querist) 25 February 2010 This query is : Resolved
hi

i would like to know is there any time limit for callenging the bogus will ?

one of my uncle and his children fabricate forged the signature of diseased uncle .its an unregistered white sheet will .

the will dated 6-6-96 .

my question is

1.is there any time limit for challenging the will ?

regards
AGrao
pls let ma

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ad. creaminall (Expert) 25 February 2010
when and how do you know that the said will is fabricated?

Parveen Kr. Aggarwal (Expert) 25 February 2010
Article 56 of the Schedule appended to the Limitation Act, 1963 provides that limitation period for filing a suit to declare the forgery of an instrument issued or registered is three years from the date when the issue or registration becomes known to the plaintiff.

Arvind Singh Chauhan (Expert) 25 February 2010
I agree with Mr. Praveen.

Swami Sadashiva Brahmendra Sar (Expert) 25 February 2010
Mr Parveen is right. You have to plead as to when and how you became aware of the said will.

anuz doda (Expert) 25 February 2010
Dear , you should go for a criminal complajnant rather civil . Anuz doda Adv

Querist : Anonymous (Querist) 25 February 2010
hi all

i came to know the will 2006 when they submit in the civil suit which my fathers plead for partition suit in year 97 .

they have not submitted to the court when the case was filed for partition in the year 97 . after nine long year they produced document of evidence .

last month handwriting expert gave the report the signature is tallying with the original signature off deceased uncle.
my question is what is the next procedure i have to wait for judgment or i can initiative new criminal case ?

best regards
AGRAo

Raj Kumar Makkad (Expert) 25 February 2010
You can start initiation at this very stage otherwise the matter has already been delayed.

Parveen Kr. Aggarwal (Expert) 26 February 2010
A civil suit has already become time barred. However, you can launch prosecution under criminal law for commission of offences including one under section 467 of the Indian Penal Code, 1860.

Querist : Anonymous (Querist) 12 March 2010
hi all
icame to know that forged will examined by the handwriting expert and report says that the disputed signature (which has in will ) is not done by the person who made the admitted signature. this report dated 2nd jan 2010.

my question is the defendent marked this document in court in year 2006 ,by 2nd jan 2010 judge has got the handwriting expert report on his table ..

my question is still i have time to file criminal suit .?

best regards
anil g rao

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