A KUMAR (owner) 14 March 2023

Father will

My 3 sister's file partition case against me in April, 2022 , they said that their Father Died instate, in Dec. 2011, But he singed his WILL IN 1995, he is absolute owner of this 30yd. quarter alloted to him by L&DO in 1953, the witnesses to the WILL was expired, they were also lived in the same colony.

Now, what will happen any one produce fake WILL of my father,

My father registered his house document in Gurgoan in 1966, the witness on that registered document is my Maternal Uncle.

I talked to my mathernal Uncle but he refused to go to court.

The signature on the allotment letter by L&DO and gurgoan registration and WILL are same

4 dates had expired, now next one may 2023.

pl. suggest what should I do.

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Quick Summary

A user is facing a partition case filed by their sisters who claim their father died intestate, despite him having signed a will in 1995. The father was the absolute owner of the property, allotted in 1953. The witnesses to the will have passed away, and the user is concerned about a potential fake will being produced. The user's maternal uncle, a witness to a registered house document from 1966, has refused to testify. The advice suggests contesting the case by proving the testamentary disposition, potentially summoning the registrar if the will is registered, and requesting forensic investigation if witnesses are unavailable. The will can also be challenged on grounds of the testator's mental capacity.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 14 March 2023

If they have filed the case then you can challenge it properly stating that the property was transferred to you by testamentary disposition

For probating the Will, you may even summon the registrar if it's a registered document

Dr J C Vashista (Advocate) 15 March 2023

Contest your case through a local prudent lawyer and prove relevant records.

Real Soul.... (LEGAL) 15 March 2023

If the witnesses are not alive then you should request for forensic investigation of document and the report will clarify the genuineness of will document. If the will is registered then you need not to worry at all.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 15 March 2023

WILL can be challenged on the basis of senility, dementia, insanity, or if the testator was under the influence of a substance, or in some other way lacked the mental capacity to form a will.

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Father will

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