Forged will as escape
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
Our father died without writing a wil in 1995, and our mother too died without writing a will in 2007. Brother and his wife avioded all attemts at division of assets, since they were in posseson of everything, estate as well as business.
He and his wife indulged in mal treatment of mother and sister. mother died, but sister was saved, as the police got involved.
Dv case was filed against brother and his wife, where he refused to maintain the mentally unstable sister, while grabbing all assets of father.When she demanded her share of property, brother replied to court, that a wil had existed, dated 1994, and that everybody is aware of same and will has been acted upon. Whereas no will existed.
And all the assets are still in the name of my father.
He refused to attach a copy of the will along with documents ,along with reply to court !!!!!!!!!!!!!!!!
Kindly advice, whats the validity period of will ??????
How can we prove that the will he is talking about never existed .
And why is he allowed to file a reply like this without copy of will ????
V R SHROFF
(Expert) 17 January 2012
As WILL is not produced, they cannot rely on WILL,
So, u will win the case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 January 2012
Make synopsis of whole story lucidly and make counter attack for divison. If you persist than only hope to win.
Deepak Nair
(Expert) 17 January 2012
A vill does not have any such validity period. Will becomes effective on death of the person who executed the will.
You don't have to prove that no will existed. You can content that no will had existed. The onus is on your brother to prove that will existed.
Every respondent/defendant is allowed to file their reply. But all the contentions made in the said reply shall be proved with the support of sufficient evidence. In this case, if your brother fails to produce the original will, then the court will reject the contention regarding the will.
Since there is no will, all of you and your siblings are entitled for equal share in the property and the outcome of the case will be in your favour.
ajay sethi
(Expert) 17 January 2012
agree with deepak nair . burden of proof is on your brother to prove the will . you have to deny existence of will.
all legal heirs have equal right on the estate of your father
Rajeev Kumar
(Expert) 17 January 2012
Agree with Nair and Sethi
Raj Kumar Makkad
(Expert) 17 January 2012
File suit for partition and possession and everything shall become clear there.
prabhakar singh
(Expert) 18 January 2012
He has not only to produce the will but also to prove it ,you can challenge the will when produced by him.Have you filed any suit of partition???If not file it.
