Legal Question in Real Estate Law in India

Change the law.

It was proved in the court that the Will on which my brother wanted to Grab our perantal property was totally false & fabricated.My father had not written/caused 2 be written or had signed the document, projected in the court as father's will.It was even found that one of the attesting witnesses had predeceased my father.One of the sisters had also falsly deposed that the will was genuine & was signed & witnessed in her presence. Now the Will has been pronounced as FALSE & BOGUS by the court.However I UNDERSTAND THAT MY SAID BROTHER & SISTER, inspite of this forgery, still remain entited 2 their shares in the property as legal heirs as it is proved that the relied will was forged & bogus & there is no other will which has been left by father.My question is that if I WOULD HAD FAILED IN PROVING THAT THE WILL WAS FALSE & BOGUS MY ENTIRE SHARE IN THE PROPERTY WOULD HAVE BEEN GRABED MY BROTHER IN COLLUSION WITH THE SISTER., why the law should not DEBBAR SUCH CHEATS FROM SHARING THE PROPERTY?IF NOT--name removed--THE LAW WILL B HELPING THE WRONG-DEOR . IS that not injustice.? Laws have been changed many a times & on many a circumstances. Kindly tell as 2 how NOT 2 share the property with the dishonest & how 2 teach them?


Asked on 10/18/08, 2:05 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Change the law.

It is for the Parliament to enact necessary law in this behalf.

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Answered on 10/18/08, 2:56 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Change the law.

Well, in law you may not be able to deprive them of their share in the ancestral property.

However, you may consider prosecuting them for perjury, in consultation with your lawyer, for having used a false and fabricated document in court and for having made a false deposition which was false to their knowledge.

In fact in such a situation an appropriate opinion could be recorded only after reading the entire case, including pleadings and evidence. Therefore, you should better consult your lawyer on these lines before taking any step.

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Answered on 10/18/08, 3:47 pm


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