Legal Question in Wills and Trusts in India

Re: Fabricated wills

It is not clear from your question whether your brother has sought probate/letter of admn from the court of district judge or not. you can challenge the will during his probate proceedings or you can file your claim by way of a suit for partition assuming that the Will is forged and the property be distributed or partitioned in accordance with succession law.

Re: Fabricated wills

you can definitely seek remedy from a civil court by filing a suit for partition and other remedies available to you.but on the other hand you can also file a criminal case.i would be delighted to help you out but i need to know more about the facts of your case ,please call me on - 09818043888(delhi cellphone no.)

Re: Fabricated wills

The test of the validity of the will is:

1. It must provide reasons for the ousting of the legal heirs.

2. The Will must be attested by two or more witnesses, each of whom has seen the testator sign or, affix his mark to the Will or, has seen some other person sign the will, in the presence and, by the direction of the testator. Or, he may have received from the testator, a personal acknowledgment of his signature or mark or, of the signature of such other person, and each of the witnesses shall sign the Will in the presence of the testator.

3. A will can be nullified on the grounds that the person making it was not in complete possession of his mental faculties. That is, the testator was insane, or suffering from Alzheimer's Disease, or something that involves failing memory.

4. There can be other grounds too which can be ascertained after seeing the will or its copy.

Remedy:

1. The law is that the validity of a will could be challenged by the ousted legal heirs in a probate proceeding as well as in a suit for declaration praying that the will be declared null and void. However, the party asserting the objections bears the burden of establishing that the will is forged or illegal.

2. You may file a suit for partition and let your brother produce the will. You challenge the will by seeking an opinion of a handwriting expert.

3. You may file a case of for forgery and cheating in the local Police Station against the persons involved in forgery.

4. There can be other remedies too which can be ascertained after seeing the will or its copy.

For further help you may contact me in person

Re: Fabricated wills

Of course the signature on the will can be verified with that on othr document.

However, in the event no probate proceeding of the will has not been filed yet, the best course for you will be to file a suit for partition of your father's properties. In case, your brother prodfuces the alleged will and/or subsequently initiates a probate proceedings, you can request the court to verify the signature through experts.

Re: Fabricated wills

On The facts enumerated by you,it is better that you file a suit for partition, or in the alternative you have a right to challenge the execution of the Will itself on various grounds, if the execution of the Will does not meet the parameters prescibed by various courts.

Re: Fabricated wills

While regretting to note your plight, it is not possible to CONCLUSIVELY test the validity of your father's will unless it is tested in court.

An identical signature alone is not the sole test for ascertaining validity of a will.

You can challenge the will either when the legatees (your brothers) seek to obtain a probate or succession certificate, or by filing a suit for partiton of your father's property yourselves.