santoshmtomas@gmail.com (santoshmtomas@gmail.com) 07 July 2012

Fake will

My father had given some agricultural land to my brothers through a will. He died after 2 weeks of making the will. Now after going through his will we find that the area and borders do not match. The area specified is not available within the prescribed borders. Now they are claiming some more land remaining outside and lying one plot away from the said property. The signature of my father is entirely different from his original.It is sure that either he was either tortured/starved for signing the will or the sign was forged. One witness is a coolie who is also a drunkard. The will was made in the presence of the Sub Registrsar in the residence of one brother where my father was staying, and has been duly registered.

What can we do now?

Reply Follow

6 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 07 July 2012

Hi! this is Adv. Rohit from Mumbai. If you are sure that the signature on the will is not same then you have to file a case in the court for challanging the same.

Incase you require any legal assistance you may call on 9324538481

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 July 2012

Since the will is registered and executed in presence of Sub Registrar it carries with it a presumption of genuinity of execution (i.e signing). It still is no guarantee of free consent and having been done under a fit frame of mind. It can be assailed on the ground of being executed undue undue influence.

There are two attesting witnesses to a will. One is coolie - who is the other one ?

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 July 2012

A will becomes void if the making of which has been caused by faud or coercion or by such importunity. Section 61 of Indian Succession Act, 1925.

santoshmtomas@gmail.com (santoshmtomas@gmail.com) 08 July 2012

how can we verify the signature? it seems the entire resposibility is on the plaintiff to prove it. Can't they argue that the signature of a dying person need not be as accurate as his actual signature? Can I get the help of a private handwriting expert before approaching a court?

Adv Rohit Dalmia 9324538481 (Lawyer) 08 July 2012

Dear Santosh,

You can match the signature of your father from any old documents you must be haing in your possession. Further, prima facie if it can be seen that the signature differs i.e. if anyone can make out with the naked eye. then it will be valid ground to challange. Also the present circumstances of this case i.e. a coolie as a witness creates doubt about the genuineness of the will.