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4WhatIsRight (partner)     05 October 2012

Non response from opposite party despite legal notice

Very recently I have learnt about existence of my father and grand fathers will, fabricated and made by my uncles.
i have discovered photocopies of some documents wherein there is reference of these forged wills.

Acting upon the information discovered by me, i sent a notice thru my legal counsel to my uncles for production of certified copy of the said wills.
they replied that as the matter is too old they cannot instantly re-collect the entire issue and simultaneously asked me to let them know that how I learnt about existence of such will, with a further request to send them a copy of document or any evidence which I had regarding such will.
Then i published a public notice in newspaper claiming to be legal heir and inheritor of properties left behind by my father and grand father.
In reply to this public notice they have sent me a notice thru their lawyer in which he refers to (Forged)wills of my father and grandfather wherein allegedly both of them have bequeathed their properties and shares in properties to my uncles.
My lawyer has written to my uncles lawyer to forward a copy of the alleged wills and the same time denying existence of any such will and further alleging them to have been set up by his clients, i.e, my uncles, to usurp the properties.
their lawyer is not replying to my lawyers letters nor he has sent the copy of will to which he has been referring.
how to stop possible misuse?
what shall be my course of action?
Shall i sent a complaint to police authorities?
to whom shall I write / inform.? 
I have sent an objection letter to the registrar's office that there is no will left behind by my father and grand father so no property transfer shall be done based on any wills even if produced before his office, before allowing me an opportunity to take legal action.
properties have yet not been transferred, and they stand in names of the legal heirs of the deceased, i.e, my brothers and sisters.
An attempt is being made by the uncles but they have become cautious since receipt of the legal notice.
the will are forged and no probate has been obtained.
forsenic tests shall reveal.
i have further reminded the registrar that despite my objection, if he allows the transfer to take place- he shall not be able to avail immunity under section 86 of regn act, 1908. as it will no longer be an act under good faith, as he has been informed. 


 1 Replies

Shantilal Pandya ( Advocate)     06 October 2012

 If you are in possession of the property you need not  do anything except if necessary to file a  suit for partition  basing your interest in the property ignoring the alleged will, because the burden of proving legal and last will of the deceasd  is upon the person who claims through the will, in your case burden of proving alleged will by your uncles  would be much heavier

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