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reg. unprobated and unregistered will

Querist : Anonymous (Querist) 28 August 2010 This query is : Resolved 
The case relates to property situated in Delhi in which when one of the co-share filed partition suit, the defendants gave a photocopy of unprobated and unregistered will which was made 20 years back by forged signature of the testator and tactfully placed one of their close acquaintane -relative as one of the witness who is alive and the other witness is a doctor who is dead. Although we have asked for producing original will in the court, however, if they dare to submit the same, in that case what would be appropriate steps on our part. Furthermore, request provide latest judgements of High Court of Delhi and Supreme court on the issue of unprobated and unregestered will. Also what is the procedure of criminal case to be initiated against the defendants and the witness in this particular case who has dared to snatch the plaintiff's property? and what are the procedure to prove that the will is forged?
Chanchal Nag Chowdhury (Expert) 29 August 2010
U have asked too many questions while providing too little information.However,the following may be taken note of.
An unprobated Will has little value in court to prove title to properties stated in the Will( except in a Muslim Will where probate is not necessary).
How U will prove the falsity of the Will depends on the facts & circumstances of the case & right now it is premature as because the original will, forged or otherwise, has not been produced before the court.
As & when the original Will( forged or otherwise) is produced before the court,& they proceed to exhibit it, U may file an application u/s340 Cr.PC. urging the court to take cognisance & send it to the proper court for trial.
s.subramanian (Expert) 29 August 2010
Yes, I agree with Mr.Chanchal.


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