Regarding unprobated/unregistered Will

malashree (Querist) 28 November 2009 This query is : Resolved
In a partition suit case the defendants have made a forged Will and produced a photocopy of the same in the court. The said Will is unprobated/unregistered and the date mentioned is 1.8.1988. Please explain in details on what grounds the above said Will can be challenged in the court of law.

Follow Query

Report Abuse

A V Vishal (Expert) 28 November 2009
You can ask the defendants to produce the original copy for the examination of the court. Further, there are many grounds on which the will can be challenged. In absence of the facts in your case, ot is difficult to discuss the grounds on which the will can be challenged.

adv. rajeev ( rajoo ) (Expert) 28 November 2009
just you file an application for amendment of plaint to deny the will produced by the defendants or you can also produce the rejoinder application.
If your application is allowed there will be issue on that.
In this case defendants will have to prove the will burden will be on them. To prove the will it is necessary to lead the evidence of the witnesses and scribe of the will, otherwise will has no value.

adv. rajeev ( rajoo ) (Expert) 28 November 2009
only on the basis of the photocopy of will defendants cannot claim anything. Photocopy of the will cannot be marked as exhibits so while marking the documents you have to object for it if defendants advocate tries for the marking of the document. In this defendants are claiming on the basis of the photocopy of the will then u keep quiet dnt try to call the original, if there is will defendants will produce otherwise they have no case.

prakash vathore (Expert) 28 November 2009
in ur case u said that the will is unprobated and unregistered. then u said u know that it is froged will. in this circumstances u need not to worry coz unprobated will not support his case, secondly if u know it is froged then u only have to denied the execution of that will then it is the defendants burdon to prove that will.

Raj Kumar Makkad (Expert) 28 November 2009
First demand the production of original will on case file and when it is produced then chellange it on the appropriate ground.