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How to prove that a will supposesdly old by 45 yeas as forged will

(Querist) 12 July 2015 This query is : Resolved 
Respected Sirs,
Partion of father's property done in 1956 by registered deed between brothers Suman, Prathap and Murugan.
As per the Deed, Schedule A for Prathap and Schedule-B is for Suman & Murugan together as joint holding.

Suman, un-married, without wife or children died at the age of 48 in 1966.

The joint property is possessed and enjoyed by Murugan & heirs of Murugan, since the death of Suman. even now that is 2015

Prathap and Murugan, both have wife and children.

Both Prathap and Murugan are not alive now.

Heirs of Prathap approaches in 2015 for partition of the property of Suman as class II legal heirs.
Murugan family informs about a WILL of Suman bequeathed favoring Murugan.

Prathap family is sure that the WILL is forged and they want to prove it?

The dilemma is the property is in possession of heirs of Murugan.
What is the procedure of the heirs of Prathap to prove that the WILL is forged?

Now No case is pending regarding the property.

1. Whether the heirs of Prathap has to file a partition suit, and when heirs of Murugan produces the WILL they have to challenge it ?
2. Can they challenge the authenticity of the WILL as Suman made the WILL at the age of 48 is itself doubtful?
3. Some experts have also opined to them that As per Evidence Act any document which is old by 30 years or more is presumed to be valid.

4. No Probate for the said WILL... But Probate of the will is necessary when some property mentioned in will is to be recovered from some third Party. Here there is no such question, as the property in dispute is in possession of heirs of Murugan.

Thanking you in advance sir...
dr g balakrishnan (Expert) 12 July 2015
it is to be clear any old document can be examined when the document was made by forensic exam either at lab at hyd or chandigarh; then the document writers when they write documents, they take two witness signatures with address that they saw the document signed by the executor or deponent concerned; and in 1950s only document writers only write the will and their names are also mentioned on the document, and the document if not registered yet their writing normally on other such or similar documents in the said registration locations that could be verified if one refers those relevant year documents too; that gives authenticity to the writings.

again you could take probate today by any Executor you people intend to appoint that man can move the application under testamentary jurisdiction of the relevant court in the state concerned.
there is press advertisement procedure in an widely circulated english daily in the area and a vernacular daily so that any claimants claiming their right over that property might with right evidence and right relation as per succession Act would become relevant, that way probate court would decide if the Will deponent was holding the property as his self earned property but if inherited then Will stands cancelled but claimants could move i=under 'intestate ' succession by production of the dead person's death certificate.

that way rights get duly established
Rajendra K Goyal (Expert) 13 July 2015
Documents old enough and need to be referred, consult local lawyer.


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