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Satish (farmer)     16 April 2022

Claiming partnership with a fake unregistered will

Hello Legal Experts,

We received summons filed by my brother's widow claiming a partnership, It is based on a fake will that they created. My brother's signature in the will does not match his original signature (100% sure) at all, the witnesses just signed without their name, father's name etc. The will contains the properties which are registered in his name as well as the properties which were not registered in his name. One of the properties they mentioned in it is registered in my daughter's name. 

I believe that the person can only list the properties on which he/she has absolute ownership, he can not write future or expected shares from else where. Is that right?

In this context, what is the best approach to counter it? Should we go for invalidating the will or prove that she has no right on properties that were not in my brother's name? For your information, my mother can claim a 50% share of my deceased brother's properties, my brother has no kids. 

 

Please suggest, your help is much appreciated.

 

Satish



Learning

 6 Replies

Kishor Mehta (CEO)     16 April 2022

Challenge the Will. 

Supinder Singh   16 April 2022

Probate Applications in India are decided according to the provisions of the Indian Succession Act, 1925 (except for Mohammedans). 

You have stated two grounds of challenge to the will -

1. That the will is forged.

2. That the will intends to bequeath properties that are not registered in the testator's name.

The best way forward would be to take up both the grounds in your reply. The initial Burden of Proof would be on your Brother's Wife to prove that the will is not forged and all the properties that it intends to bequeath are registered in the testator's name. If she is able to discharge her Burden of Proof by proving the same then the Burden will fall on you to prove otherwise.

Apart from this, you can start a criminal proceeding against the forger under Section 467, Indian Penal Code by filing a complaint to the Magistrate. Severe Punishment has been provided for the offense of forgery of a will, which can extend up to life imprisonment.  

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 April 2022

“Typically, wills are challenged on the grounds of coercion, fraud, undue influence, improper execution, mental capacity and so on.

SHIRISH PAWAR, 7738990900 (Advocate)     16 April 2022

Hello,

For disproving your brother's wife's claim you have to challenge the will. If court decides that will is fake document then your mother will get 50% share in your brother's property. 

Shashi Dhara   16 April 2022

As she is his wife she becomes automatically legal heir why she shud create fake will what is real grounds ,if you prove will is forged then also she is successor ,something is wrong  , challenge in court of law.

Satish (farmer)     16 April 2022

Thanks, Supinder Singh Sir for your detailed analysis. It helps, I will ask my advocate if he can proceed in this way.

 


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