Society fraud & misuse of will
Mohammed Rizwan Shaikh
(Querist) 05 January 2013
This query is : Resolved
Namaste Sir,
A Hindu family of 5 (3 daughters & 2 sons). The owner of the flat was Father and the nominee was the mother. Unfortunately both the parents expired. Elder son got the Share Certificate transferred solely on his name without any knowledge of the other legal heirs with the help of bogus WILL and documents. The legal heirs requested the society to include their names on the said share certificate. Society replied stating that they have transferred the name on the basis of WILL and other documents. Kindly note that the WILL was not probated neither it was in the knowledge of the other legal heirs.
What kind of remedy available with the aggrieved legal heirs?
What kind of action can be taken on the Society for doing such a grave mistake/ fraud?
Thanks & Regards,
Rizwan Shaikh
Adv.Husain
(Expert) 05 January 2013
File a partitio suit coupled wih declartion of will deed as void ...note u need nt to worry the burden of proving will is always on beneficiary of the will.
Raj Kumar Makkad
(Expert) 05 January 2013
It shall be better to file suit for partition and possession and let the fradulant person come with the will in his written statement to which do challenge in replication.
