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A forged will of more than 50 years presented now for gift deed

(Querist) 02 August 2016 This query is : Resolved 
Sir,

I have filed partition suit long back in the year 1997 which belonged to my late mother died intestate. I got my share after contesting upto Supreme Court. Now my sister also got her share. To grab the entire property the son of my sister created forged gift deed allegedly based on his grand father bequeathing the property to his father and now his father registered gift deed in favour of his son so that they can claim entire property. At the file of filing partition suit my sister's husband was knowing the litigation between me and her wife (sister).

Please clarify when there is no title or right can anybody claim the property when my mother is a bonafide purchaser of the property for last 30 years. My sister's plea of adverse possession is also rejected by court. What will happen to my share whether my efforts in contesting the litigation for 18 years will go waste.

Thank you,

M.Satyanarayana


Kumar Doab (Expert) 02 August 2016
You have posted that:



" the son of my sister created forged gift deed allegedly based on his grand father bequeathing the property to his father and now his father registered gift deed in favour of his son "



Apparently the WILL was not registered.

Still the WILL is to be presented and acted upon.


When was it presented and acted upon?


If it fraud and forgery it is punishable.








adv.bharat @ PUNE (Expert) 03 August 2016
Author need to explain the query raised by expert.
Rajendra K Goyal (Expert) 03 August 2016
Agree with the expert Kumar Doab.
M Satyanarayana (Querist) 03 August 2016

Sir,

The will executed in the year 1964 has been presented for registration of Gift Deed on 06-10-2015 in Sub-Registrar office and has been registered based on the above WILL as sole legatee of the WILL.

Thanking you,

M.Satyanarayana

Kumar Doab (Expert) 03 August 2016
What is forged; WILL or Gift Deed?


If it fraud and forgery it is punishable.
Guest (Expert) 03 August 2016
Mr. Styanarayana,

Being in service as a stenographer, what is your age and how do you know that the will was forged 50 years ago?
M Satyanarayana (Querist) 03 August 2016
Sir,
With due respect to you all the query under litigation is genuine and myself respondent. The petitioner filed created will on a stamp paper and got admitted in the partition suit final decree proceedings to obstruct possession of my share in the property which my sister lost the case. Obviously to prolong the case. Earlier my sister daughter claimed the property under forged documents which was dismissed. The case is running for the last 18 years and no idea how many decades it will take.

Thanking you

M.Satyanarayana
M Satyanarayana (Querist) 03 August 2016
Sir,
With due respect to you all the query under litigation is genuine and myself respondent. The petitioner filed created will on a stamp paper and got admitted in the partition suit final decree proceedings to obstruct possession of my share in the property which my sister lost the case. Obviously to prolong the case. Earlier my sister daughter claimed the property under forged documents which was dismissed. The case is running for the last 18 years and no idea how many decades it will take.

Thanking you

M.Satyanarayana
M Satyanarayana (Querist) 03 August 2016
Sir,
With due respect to you all the query under litigation is genuine and myself respondent. The petitioner filed created will on a stamp paper and got admitted in the partition suit final decree proceedings to obstruct possession of my share in the property which my sister lost the case. Obviously to prolong the case. Earlier my sister daughter claimed the property under forged documents which was dismissed. The case is running for the last 18 years and no idea how many decades it will take.

Thanking you

M.Satyanarayana
Kumar Doab (Expert) 03 August 2016
You have posted that:


'Earlier my sister daughter claimed the property under forged documents which was dismissed. '


'The petitioner filed created will on a stamp paper and got admitted in the partition suit'



Is the stamp paper 50 years old?



You may preferably show all docs on record to a very sharp, senior, able counsel.


Even if it going for second opinion from other counsel.

Guest (Expert) 03 August 2016
Mr. Satyanarayana,

You have not replied my specific questions about your own age and how you came to know about the will to have been forged 50 years back. I have not asked about what happened in the course of trial by your sister or whosoever has produced the so called forged will. My questions were quite distinct, which you have not touched to reply.


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