komatti vardhaan 28 June 2023

Unregistered will deed witness problem

My brother has created fake unregistered will deed after father death, by saying my father created,

Among 2 witness of will deed

One witness says that he signed will deed after my father death , he says my brother go to him, says that he writing will deed for his family so he ask him to sign as witness. So witness signed documents but at that time there was no testator sign on right side , my brother cheated him

So he is in favour

Other witness is father in law of my brother cousin

My brother , my brother cousin both created this fake will deed , so father in law says he was there at time will deed writing .

What is chance of cancel of fake will deed document , because one witness is in favour , and other in my brother favour? What to do in this situation in court??????

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 28 June 2023

It depends on how you practically prove it to be a fabricated document with the support of witnesses and merits in your side.

It is a matter of trial, you can be in touch with your advocate on all such further issues.

Dr. J C Vashista (Advocate ) 28 June 2023

Whether your brother has sought benefit of the purported "Will" and / or claimed the property involved therein the subject "will" ?

If so, contest it tooth and nail, through some local prudent lawyer and prove that the document is forged and fabricated, which is required to be cancelled. If your brother could not prove the document as genuine the case is bound to be dismissed.

If he (your brother) has not claimed any benefit through the will, what bothers you, nothing.

When the case is decided against him (your brother) you may file a police complaint for committing an offence of cheating and fraud.