Fraude case

s v desai (Querist) 01 August 2017 This query is : Resolved
My mothers elder brother{My MAMA] was living with us since 20 years. His wife was died before his death,and he has no children. My mother and myelf were looking after him. He has agriculture land at different place. A farmer is looking after that land. My mama was suffering with TB and he was treted for the same. The medical bill was paid by me. Later he was suffering with dementia and then parkinsons desease. At that time the farmer with a bad intention taken signature on blank Bond paper . After the death of my Mama the said farmer written a will on that bond peper stating that my mama was living in his house and all the medical expences and maintainance expences and all other things were taken care by him.By his service my mama made that will on his name. on the basis of that will he applied for transfer of my Mams property. My mother submitted objection for property transfer with the Tahsilder stating that the farmer is not a blood relative to us,my mama was living with her. All the medical expences were made by herself attaching the voter Id, Gas connection book, medical bills residance certificate and succession certificate etc. The RTC case was conducted and the Tahasildar given judgment that the property can not e transfered on the basis of will unless it is probated by the Civil court.Now the farmer filed case in the court and my mother is also filed the objection. We got all the above documents.
The farmer submitted a wrong affidavit stating that my mama is his Uncle for getting a death certificate from the place where my Mama was living. But my Mam was expired in the hospital at the different place and the death was registered by the hospital.I have the copy of the same. My quarrey is that:
1. Will made by the Dementia patient is valid.
2. Can we file a criminal[Fraud] case against the farmer on the asis of wrong affidavite.
3. What will be the decision we expect from the court.

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Rajendra K Goyal (Expert) 01 August 2017
Repeated query:

http://www.lawyersclubindia.com/experts/Is-this-will-valid-649711.asp

http://www.lawyersclubindia.com/experts/Will-case-649666.asp

http://www.lawyersclubindia.com/experts/Registration-of-death-649536.asp

http://www.lawyersclubindia.com/experts/Will-case-563196.asp