Judgement process for fake & forged unregistered will
Sekar
(Querist) 25 March 2016
This query is : Resolved
My uncle has just filed a civil suit against me by presenting a forged unregistered will of my grandmother who demised on 26-1-2016
The will is dated 27-3-2014.
I have the following documents with me showing the signatures of my grandmother.
i) Passport
ii) Registered will dated 31-12-2013
iii) Registered power of attorney dt 6-1-2015
By seeing the signatures of my grandmother on these documents even a layman can understand that signatures on the will are fake & different & forged.
My question is whether the Honorable Judge can see & decide that the signature s on will are forged ones or is it mandatory for us to request the court to send it to forensic laboratory for expert analysis.
Second question is generally how much time does this analysis by laboratory take and cost approx.
Which is the best and fastest way to secure justice in such cases?
Thank you.
Devajyoti Barman
(Expert) 25 March 2016
Since to determine the genuineness of a signature requires skilled knowledge, it would be better if you apply for sending the same to FSL for sceitific examination.If court allows it the same require around 6 months of time.
Kumar Doab
(Expert) 25 March 2016
Agreed with precise advise of Expert Mr.Barman.
The WILL with you is registered hence may not be set aside on the count of authenticity.
However the unregistered WILL with Uncle may be sent to FSL/CFSL.
Sekar
(Querist) 25 March 2016
Dear Sirs
thank you so much. Please also inform me whether I can file criminal case on my uncle for filing a forged will once we get report from fsl confirming this.
Thanks
P. Venu
(Expert) 26 March 2016
Let the civil matter be decided first.
H.M.Patnaik
(Expert) 26 March 2016
Has the new fact come up during the process of Probate of the WILL?
Sekar
(Querist) 27 March 2016
My grandma already transferred her property during her lifetime to my mother by way of registered sale deed.
Now no property is existing on her name.
yet my uncle has filed a fake will with signatures totally different and filed suit.
