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Dalip ahuja (Business)     22 August 2010

Fake Will on simple paper

Recentally 25% share of house transfered in name of my wife.House was in name of my father in law who expire instate in year 1986 leaving behind 5 legal heirs(my wife,mother in law and 3 brother in laws}My mother in law expire in 2009 with out any will. We all four legal heirs cashed 4 lac FDR (which was in name of my mother in law) after submitting a papers(canara bank printed forms)which also shows instate death of my mother in law. All the 4 legal heirs approve it.NOW my brother in laws file suit for stay on sale of 25% share in house(which has been transferred at the name of my wife }on basis of Fake will on a simple paper that ,my mother in law wills 20% of her share to one of my brother in law . The date of will mentioned is 16 march 2009,where as from 13 march 2009 to 17 march 2009, my mother in law was hospitalized in Govt Hospital ,Sector 32,Chandigarh due to heart attack and was in a seveare condition because of which doctors of Govt hospital reffered her to P.G.I on 17 March 2009 in the morning but after consulting withall family members we admitted her to a private heart institute (Mukat Hospital ,Sector 34,Chandigarh) on 17 march 2009..after examning her completely ,the doctors gave up and suggested us to take her home on 19 march 2009 in evening and on the same night she died. Govt Hospital ,Sec 32 admission and refferal records are with us. Please suggest me.


 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 August 2010

Challange the genuineness of the WILL in the court.

adithya (advacate)     22 August 2010

dear sir you can only chalange the will in court of law since the will is not probet you can apporach the proper court and find a   advacate to file a case during the aruguments only you will can say your desesied in hospital and moreover the burden of proof under you so apporach near advacate with out delay

Rajeev kulshreshtha (advocate)     22 August 2010

You can challenge the genuinence  of WILL in competent civil court taking grounds.

O. Mahalakshmi (Law practiece)     26 August 2010

Challenge the will

Amit Gupta (Advocate)     26 August 2010

there is no need to challange the will in seprate suit. in the injunction suit itself u may dispute the will. then a issue regarding will  is framed and u may lead evidence in this regard.

the fact that at the time of encashment of FDR it was written there that ur mother in law died INtested and everbody approved will be useful and very relevent fact.

secondly for geniunness of will so many facts are nessessory....take advice of civil advocate in ur city...

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