Legal Question in Wills and Trusts in India
Challenging Fradulent Will
My father passed away without leaving a will and there is a relative (not a legal heir) who has produced a forged will claiming a portion of the property. This will has not yet been probated. What are the steps we can take to challenge this will and prove it fraudulent if produced for probate? Are handwriting expert/fingerprint expert/ polygraph opinions conclusive? What are the standard ways to disprove this?
4 Answers from Attorneys
Re: Challenging Fradulent Will
you may challenge the will in civil court as well as you can file a criminal case of forgery against the person who forged the will. once you file the complaint its the duty of court to send the will to forensic laboratory.
Re: Challenging Fradulent Will
Hello
Good Morning!
You may follow the mentioned procedure:
1. Challenge the Will in Civil Court
2. File a criminal case of forgery against the person/s who have forged the Will.
3. After filing of the criminal complaint the Hon'ble Court will send the will to the forensic laboratory asking for authenticity.
In case of need please contact personally.
Re: Challenging Fradulent Will
There may not be any occasion for you to take any step at this stage.
The beneficiary under the WILL may have to go to court seeking his share; and you may file your objections to the will. The nature of evidence mentioned by you may be produced at that stage in defence.
The normal rule of inheritance follows UNLESS PROVED OTHERWISE. You will inherit your father's property in due course.
The standard of proof required at your level will be : preponderance of probabilities.
If it is unlikely that the deceased would have made such a will in the presence of his family members / blood relatives, the existence of will may be doubted.
Re: Challenging Fradulent Will
1)you can challenge the will in court
2)opinion depends upon the other corroborative evidence but if reliable can be acted upon by court