Legal Question in Civil Rights Law in India

Signature forged will

My Father-In-Law bought a site and built house from his own earnings and he died about 10 years ago.

The property is,since taht day, is in the posession of deceased wife and daughters too and only a part of the out house is occupied by one of his brothers even without giving the rent. Few days before we lodeged a complaint in the police station against his misbehaviours and reqested to vacate him. Police warned him and taken a statement from him and while he is giving the written statement and he has mentioned that the property is willed to his son from my Father-in-law (came to know un officially). This is a sudden growth which had been not happened since last 10 years even though they had sat for partition of Inherited property several times. Kinldy answer the following after considering the above.

1.Is that signature foregd WILL succeeded in the COURT.

2.How to prove that it is a FAKE will.

3.No body in my House is aware of that WILL

4.Why did't he claim that property since last 10 years, because majoritry of the house is being used by us.

5.We are sitting one more round for Partition of the Property and How to safeguard SOP fro the fake will so created?


Asked on 12/18/08, 4:33 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Signature forged will

You may need to file a civil suit for declaration of your rights and possession of the property.

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Answered on 12/19/08, 7:46 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Signature forged will

Hello.

1. If the court considers the WILL is genuine and the successors prove that is genuine then it can be succeded.

2. You may challenge the WILL and direct the court to send it for the FSL test.

3. Intimate everyone.

4. Can be a possibility.

5. Partition is the best advise.

I would suggest you to contact personally as the copy of the WILL needs to be reviewed.

OR you can mail me.

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Answered on 12/18/08, 4:46 am


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