Legal Question in Criminal Law in

My father expired ten years back leaving behind a WILL in which i was executor and major beneficiary. Younger brother was restrained from his estate due to his agonising and vagabond behaviour with father. Younger brother had shown no objection to WILL at that time and confirmed same in writing in his letter addressed to me. Probate was not taken because property of father was not in metropolitan city. WILL was later registered after father�s death and on that basis property was transferred in my favour as per wishes of father expressed in his WILL. Brother did not object to this transfer too. Now after a span of so many years he is claiming that WILL is bogus and forged and wants to challenge it with malafide intention to extract money. I think he cannot win due to foll reasons:

1)Witnesses have testified in front of registrar that my father had signed in his presence and they would do so in court too. This is main evidence.

2) He was aware of WILL since nine years so limitation law is applicable to challenge the same.

3) Though WILL is genuine assuming for the sake of hypothecation that even if WILL is forged as per his allegation he has accepted it years back and accordingly i have acted as executor. So by estoppels he cannot go back from his words and claim WILL to be bogus.

Please advice if above contentions are correct or not and what measures are needed in my case.


Asked on 1/07/11, 7:33 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

His letter to you at the time of making of will and then no objection at the time of acting upon the will in the form of transfer of property are the main points in your favour. all you have to do is to sit quite and ignore unless he initiates any action which you defend on the basis of evidence in your favour including the law of limitation.

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Answered on 1/07/11, 9:12 am


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