Deepa (housewife) 27 February 2013

Succession certificate based on forged will...

Dear Sirs/Madames.

Our father passed away 3 years ago. He is survived by our mother and 4 siblings. He had vast property in his name compromising of flats and lands. Now one unmarried daughter, who moved out of house several years ago and has even acquired foreign citizenship, has filed a case in court asking for my father's property to be transfered in her name. The basis is a will of my father which all family members believe to be forged as no family member was aware of it and even the witnesses in the will are persons not known to anybody in the family. Will is unregistered and has no photo identity of any person attesting the will.

Kindly advice...

1. What course of action we should take to protect our aged mother from being dispossed from her place of residence?

2. How do we go about to protect the rights of all hiers to get their due share?

3. What remedies are available to us to file counter-case/s for committing this unscluperous act?

Many Thanks in advance.

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5 Replies

Daksh (Student) 27 February 2013

Dear Ms.Deepa,

If somebody dies after execution of will the same needs to be made rule of court by filing the probate petition (kindly note succession act proceedings are not applicable where the will is executed). Secondly you have not mentioned the nature of property (whether it is self acquired or ancestral - as in ancestral property automatically the heirs do have a share. In the facts and circumstances the heirs do have a valid and subsisting right to contest the probate proceeding including but not limited to seeking interim direction from Hon'ble Court qua the use and occupation of the property by wife of the propounder of will.

Hope this clarify

Thanks and best regards

Daksh

y haraharanathbabu (practing law) 27 February 2013

Mr Deepa,

I am also supporting the Daksh madam advice to you, besides that you may firstly give Legal notice to your Opp.Party i.e., who claims your property giving cautions and about binding of Forgery will, and further you may also take necessary steps to filing Criminal actions against them.

Sudhir Kumar, Advocate (Advocate) 02 March 2013

when notice comes to you for issue of succession certificate then contest the same on the basis of whatever arguments you have. It for her to give notice to you not you as you are psssessor of house. It is she has to prove the WILL and not you. You simply have to challange it as forged.

Adv k . mahesh (advocate) 04 March 2013

i to agree with Mr Sudhir Kumar that why worry when notice comes then you can prepare for your arguments

Adv k . mahesh (advocate) 04 March 2013

here one point what is the standing of that will and how canyou say the will is forged

have you contacted the witness who have signed on the will and your father after making that will he sent to her daughter or it may be disclosed by her well wishers who know about the will

first see the copy of the will