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DASA MAJHI (MANAGER)     30 July 2022

Challenge registered Will

My grand father executed one
registered will in favour of my father in 1996.After his death his other 3 daughters(my father's sis
ter) filed partition suit to claim their 1/4th share each after challenging said will where in 2 of the signature of my grand father not matching with the agreed signature in Powers of attorney paper. How to deal the case??


Quick Summary
A registered will executed in 1996 is being challenged by the testator's daughters, who claim a partition suit for their share. The challenge centres on two signatures on the will allegedly not matching those on a Power of Attorney. The testator's grandson is seeking advice on how to prove the will's genuineness in civil court, particularly regarding the signature mismatch and the role of a signature expert. The grandson is also considering whether to retain the current advocate or seek new counsel.

 3 Replies

Shashi Dhara   31 July 2022

Prove that will is genuine in civil court .

DASA MAJHI (MANAGER)     31 July 2022

Thank you Shashi sir, our next date of hearing is on 06.08.2022,our advocate will file a pitition to summon signature expert for cross examination, who has given negative report as such:-size, font, slant, impression, stroke of some letter of the signature in Will is not matching with the sign on earlier GPA".Actually my grand father has executed his will before the SRO, duly witnessed got the document registered by the SRO. Moreover that will paper is duly thumb impressed as well as duly signed. The thumb impression is agreed by claimant(the plaintiff)but two of the signature on will paper mismatching with the agreed signature on Power of attorney is being challenged in the next higher court.my query is whether those two mis matching signature can push the registered will as null and void?accordingly we have to look for any other local advocate or the existing one may continue.. pl sir advise..

Shashi Dhara   31 July 2022

The will must be attested by two witnesses ,one witness must be summoned to court to recognise his sign , summon  him to adduce evidence , continue with same advocate.


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