Forged will
4WhatIsRight
(Querist) 07 September 2012
This query is : Resolved
my uncle has made forged wills of my grandfather and father, with him as executor.
he has got transferred one property and mutated the same using the forged will.
he made my mother and me appear before a magistrate and acknowledge noc against the said transfer.
due to certain social compulsion we could not resist his unlawful act then.
now he is trying to usurp other properties too.
the will is not probate.
how can i protect my other properties?
what case shall i file?
Sudhir Kumar, Advocate
(Expert) 08 September 2012
You never staed why your grandfather was against your family.
How do you feel that the will is forged?
How he could he compel you and your mother to accept.
You did not challnag ethe will on the first available opportuinity.
Do'nt you think that you know the WILL to be genuine and want to challange as you find it to be against you at the belated stage.
Sudhir Kumar, Advocate
(Expert) 08 September 2012
Please also refer to the advise given on your earlier thread on the same issue
http://www.lawyersclubindia.com/experts/remedies-for-forged-wills-312581.asp
4WhatIsRight
(Querist) 09 September 2012
Dear Mr.Sudhir,
it is not always, what you think.
prabhakar singh
(Expert) 09 September 2012
You do not seem to be "4 what is right".
you are repeating the same query time and again.
Can you tell any time if the will was forged one why instead of taking proper civil or criminal action you and your mother appeared before the magistrate to acknowledge the will granting NOC.Whatever was the social compulsion that act has eaten all your rights.
Sudhir Kumar, Advocate
(Expert) 05 October 2012
Please refer to all the queries made at :-
http://www.lawyersclubindia.com/experts/forged-will-336926.asp
http://www.lawyersclubindia.com/experts/remedies-for-forged-wills-312581.asp
http://www.lawyersclubindia.com/experts/Non-production-of-forged-will-343386.asp
You have alongwith yur mother (as stated by you) stood before the court and admitted the will.
You are not disclosing how old the admission was.
You have later learnt that the will is forged. It means that you want to say that if you knew about the forgery you may not have admitted the will. But you have only hearsay information and on the basis of the same you have sent legal notices and public notices. No relative of you is going to give evidence to support your claim of forgery.
Further when property stands transferred to “X”, you without challenging the transfer (on the basis of your knowledge of forgery) are giving public notice declaring yourself to be the sole owner. It is emotionally difficult for an uncle to walk into police station and request them to arrest his nephew particularly if the nephew is without father. So you are out of jail. You may better not compel him to do so.
I again repeat that you and your mother will have to face the following questions by lawyers of the uncles, if you proceed further :-
(i) How you are convinced that forgery is there.
(ii) Why you did not agitate when given first opportunity
(iii) When did you leant about forgery
(iv) How did you learn about forgery.
I again repeat that none of your relative (including those who instigated you) are gong to be a witness to prove the forgery which you are claiming.
