Will
Querist :
Anonymous
(Querist) 27 April 2010
This query is : Resolved
Sir,
A will executed by mother is filed in the lower court claiming entire property of brother with a fabricated will. In the particular will the name of the legal heir is left out and not mentioned.
When the same will came for examination and produced in lower court in the cross examination sister claimed that her brother along with mother (testator) and with other members not related to the family were present at the time of execution of will when in fact brother and mother were not present and they were in another city. Further she claimed that her mother before putting the signature insisted that her son should sign the will then only she will sign the will but her sign refused to sign the will and left the place afterwards her mother put the signature on the will in the presence of other witnesses. I am only one son of my mother and legal heir to my mother. The will was created with an intention to grab the entire property
What effect it will produce on my case and what will be my defence. How can I prove my innocence to the will. Can I be able to claim my property at least equal share.
Please advise.
Thanking you,
M.S.
ESTHERPRIYA
(Expert) 27 April 2010
Once the mother signs the will and her wish to deal with the self acquired property is absolute. No need to mention about the legal heirs and all other issues in the will. It is her own wish to give her property to whomsoever she wished. It is not mandatory that son should sign as a witness in the will. Moreover in your case after reading the entire will and finding the original character of the property whether ancestral or self acquired, we can advise you. If the property is of ancestral character, then you have good chance of getting your share in the property
