NEED TO PROVE A FAKE CODICIL, With that of ORIGINAL WILL(rgd
Dakshina Murthy
(Querist) 27 June 2009
This query is : Resolved
There are two codicil's dated in the same year 1994 one in the month of june with only one witness and another in the month of august also with only one witness(both fabricated) and both codicil's have different witnesses, How can this be proved as a fake codicil. Since the content in the original WILL deed registered in 1992 was not at all mentioned in both the cocicil's. Also it states that the executor is bequeathing(FRESH) the codicil, How is this possible.????
Is there any sitation of supreme court which states that any codicil executed needs to be probated in the court of law within 12 years of execution.???
PLEASE ADVISE?????
A V Vishal
(Expert) 27 June 2009
The will or a codicil has to be signed by atleast 2 witnesses, in absence of the same the codicil can be challenged on those lines. If the testator has registered the original will he should have registered the codicil also, although it not mandatory. No mention of the original will is required in the codicil. In order to prove the codicil is fake you need to file a criminal complaint of fabrication and creation of false documents with an intention and in order to deprieve a person of his property.
