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?


Asked on 3/12/09, 7:52 pm

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 3/13/09, 2:03 am
Homi Maratha N.N. Maratha & Co.-Advocates

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.

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Answered on 3/13/09, 2:12 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 3/13/09, 8:06 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

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

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Answered on 3/13/09, 8:17 am


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