Upgrad LLM

forged will


Few years after my parent was deceased I filed partition suit based on legal heirship as there was no will and my brother presented a will in his favour printed on white paper stating that this was prepared by my deceased parent with 2 witnesses signature on it. The date of the will was when my parent was active and healthy the way things are listed in the will and not revealing the fact that a will existed until partition suit was filed is suspicious. What are my options in such a situation please.

Thank you

Naomi

 
Reply   
 
Advocate

Assuming you are Hindu and this is joint family property, even if the will turns out to be valid, you are entitled to apporach the nearest civil court and file a suit for your share. (Even if you are the female. HSA Amendment, 2005; daughters can be coparencers.)

If the property in question is your father's self-acquired property, you are not entitled to a share in such property and it's completely as per his discretion to dispose of such property. However, you can challenge such will on various grounds. If the will has been legally registered, a copy of it would have been maintained at the registrar's office within the jurisdiction of which the said property lies. If it hasn't been registered, it will be easier for you to challenge it.

I'd advise you to get in touch with a local advocate so he/she can assist you with the filing of the suit and through the proceedings that follow, more smoothly.

 
Reply   
 


Advocate

You can challege the WILL by way of suit for declaration.

 
Reply   
 
FIN

A registered WILL may not be easily set aside atleast on counts of authenticity.

Unregistered WILL is also valid.

Any WILL can be contested on valid grounds.

Rest is test of law.

If WILL is valid/genuine you may not have any scope, since last wish of testator stated in WILL is supreme.

If WILL is not genuine the applicable law of succession shall decide your share and person that submitted fraudulent document may have to face the consequences.

A WILL has surfaced.

If you want to contest the WILL,take help of  a very able local senior counsel of unshakable repute and integrity specializing in civil matters.............

 

 
Reply   
 

My wife parents are not there when my wife wants to claim share in their father  property his brother shows the will which is on his favour and now he says daughter does not have any share in the property. Please advice 

 
Reply   
 
Advocate

As I mentioned, if the property in question is self-acquired by the father of your wife, she wouldn't have any claim on it. However if it's joint family property, your wife can move to the civil court.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x