Forged will
anupam sharma
(Querist) 25 July 2013
This query is : Resolved
In a suit for declaration for coownership of property, a will is annexed with plaint on which basis such declaration is sought. When that will was exhibited, it turns out to be a different will. Though the contents and typesetting of exhibited will are same as that of annexure will but the signatures of all of witnesses are different. The counsel for defendant raised objection and the annexed will was given a mark by the Judge. Now, that the plaintiff evidence has completed and cross examination done in which the witnesses aver that there was only one will and not two in favour of plaintiff, the case is fixed for defendant evidence. Should the defendant file an application for supply of documents i.e. the exhibition of the annexed will or go for application under section 340 Crpc for forgery or any other application/step taken by the defendant.please suggest the right path.
Devajyoti Barman
(Expert) 25 July 2013
First apply for production of earlier annexed Will. Once it is done then file petition u/s 340 crpc.
Rajendra K Goyal
(Expert) 25 July 2013
Agree with the expert Devajyoti Barman ji. ,
Raj Kumar Makkad
(Expert) 27 July 2013
You can definitely file prejury application against him.
