Will
anish
(Querist) 30 August 2011
This query is : Resolved
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.
prabhakar singh
(Expert) 30 August 2011
1) Can my Brother make such forgery allegations after 9 years even though he is aware of WILL.?
NO,he can not succeed if you are able to prove what you state.
2) Witness testimony is main evidence and when witnesses testify that my father has signed in their presence how can forgery allegations stand?
You are right by conception but you can not stop some body asserting a bad right or a false allegation, consequences have to be looked after test of allegation,false or true,if false then,he can be punished,law is there.
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.
As i see no civil case is pending,and your brother has lodged FIR charging impersonation and forgery,then in absence of a pending civil case such a FIR can be investigated,but if all stated by you is true ,it would be a hard nut to crack if police decides to charge sheet accused ,and if handwriting opinion is in your favor then almost impossible for police to charge sheet the accused.
R.Ramachandran
(Expert) 30 August 2011
I completely agree with the views of Mr. Prabhakar.
Raj Kumar Makkad
(Expert) 30 August 2011
Nothing requires to be added in due advice of prabhakar singh.
