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Devang Mistry (Consultant)     19 May 2012

Senior citizen sisters - revenue office-gujarat

Pls. note the points :

1. Mr.X died without any family members - only four sisters (A,B,C,D) are legal heirs.

2. Among four sister - one sister(B) and his son (P) has produced fake will & take control of all property-business of X.

3. As per forged will - the property-office in name of son of (D) which already in possession since 2006 given by signing affidavit that D has read the original will & accepted the terms & conditions.(In actual no original will was produced but on faith he has signed)

4. Now, (P) has to take the possession of property of business so Notice under Section 32D for intimation send to B, C & D at worng address but God Grace that got the notice and win the case at Superintedent - Revenue.

5. Now A & P have filled appeal with Dy.Collector that superntedent  has not given opportunity to be heard.

6. Meanwhile - another sister (B) having no issue given Rs.5 lac and taken signature on revenue stamp plain paper with title "Declaration cum Receipt" that she had read the original will & accepted the same,(Though original also not shown to her also)

Now... Two sisters's(C) & (D) have not put any signature on any papers claim.

Opposition is telling that since D's son has taken the office & C's son has taken Car as per will ... so this is implied that will is accepted to both.

Please guide urgently with supporting case laws reference.

The above stated will is fake & forged & (P) already caught in RTO - he has signed fake signature of X after his death and also with Banks on transfer of shares same like car.



Learning

 2 Replies

Vinav K Mishra (Lawyer)     19 May 2012

your facts are unclear brother. no legal heirs of x other than the sisters. then whose heir is P because in 6. u have said that b is issueless

Devang Mistry (Consultant)     19 May 2012

Please Read (A) in 6. (One brother - having four sisters )


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