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shyam lal   20 May 2022

Will

The elder brother has made a WILL in respect. to undivided share of immovable property & asked the younger brother to sign .it...Query what legal action should the younger brother take besides not signing the WILL.


Learning

 3 Replies

Aks   23 May 2022

Just asking someone to sign a will or any document is not an offense. The person can always refuse to sign.

1 Like

Shweta   23 May 2022

 Hello Sir

if anyone has tried to obtain any signature by fraud then you can file a criminal case against them under section 420 of the Indian penal code. Section 420 dictates provision regarding cheating. whoever fraudulently or dishonestly deceives a person in order to induce that person to deliver a property to any person or to consent to retain any property. Any dishonest concealment of facts which can deceive a person to do an act which he would not have done otherwise is also cheating within the meaning of this section.

Essentials of cheating

For the offence to be proved the following elements are quint-essential to be proved:

  1. deception of any person.

  2. fraudulently or dishonestly inducing that person to deliver any property to any person or to consent that any person shall retain any property; or

  3. intentionally inducing a person to do or omit to do anything which he would not do or omit if he were not so deceived, and the act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

The fact that dishonest intention was present at the time of making the promise is to be proved in order to hold the accused guilty for the offence of cheating.

However, in the present case, the signature has not been made and hence there was merely an attempt to commit the offence of cheating. Hence, in this matter, case will be filed under Section 420 read with Section 511.

1 Like

Aks   23 May 2022

The real issue in such matter is that proof of fraud.  How do you prove that fraud was  the intention ? The other party can say that  he was merely trying to request the signature. proving intention of fraud is a very very difficult burdern of proof.  No one can enter a person's mind to claim that the person was  having intention to fraud.


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