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Dalip ahuja (Business)     29 August 2010

Fake Will With Fake Witness

GOOD EVENING TO ALL LEAGAL ADVISORS,
                                                                                     Please advice me

My case is:-
                          Recentally 25% share of house transfered in name of my wife.House was in name of my father in law who expire instate in year 1986 leaving behind 5 legal heirs(my wife,mother in law and 3 brother in laws}My mother in law expire in 2009 with out any will. We all four legal heirs cashed 4 lac FDR (which was in name of my mother in law) after submitting a papers(canara bank printed forms)which also shows instate death of my mother in law. All the 4 legal heirs approve it.NOW my brother in laws file suit for stay on sale of 25% share in house(which has been transferred at the name of my wife }on basis of Fake will on a simple paper that ,my mother in law wills 20% of her share to one of my brother in law . The date of will mentioned is 16 march 2009,where as from 13 march 2009 to 17 march 2009, my mother in law was hospitalized in Govt Hospital ,Sector 32,Chandigarh due to heart attack and was in a seveare condition because of which doctors of Govt hospital reffered her to P.G.I on 17 March 2009 in the morning but after consulting withall family members we admitted her to a private heart institute (Mukat Hospital ,Sector 34,Chandigarh) on 17 march 2009..after examning her completely ,the doctors gave up and suggested us to take her home on 19 march 2009 in evening and on the same night she died. Govt Hospital ,Sec 32 admission and refferal records are with us.The Two witness on will are one is plumber(employed on my brother in law shop) second is tenant in our SCF basement, where he prepare patato+chana+kulcha for his rented booth in front of SCF.



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 2 Replies

niranjan (civil practice)     29 August 2010

You have not mentioned as to how  and when 25 %share  of house  was transferred in your wife's name and who were signatories thereof. If it was transferred after your father-in-law's death,it could be 20% and not 25%.If it was transferred after mother-in-law's death,it could be 25%. You already have brother-in-laws' admission that mother has died intestate so far bank balance is concerned,so how there could be will for only house? Moreover if signature of mother is appearing on the will and if during that time if she  was admitted in the hospital  and if there is no cert.of doctor that she was in sound mind,you have a good case. Further so far the witnesses are concerned,they can also be confronted as to who wrote the will, when it was signed,where etc.So there are many suspicious circumstances to prove that the will is fake. Challange the will in the WS in the suit.Burden is on producing the will to prove. So do not worry.

adv. rajeev ( rajoo ) (practicing advocate)     30 August 2010

Have you taken the contention that will is fake and forzed one in your WS.  Contest the suit.  Burden heavily lies on the plaintiff to prove the will beyond reasonable doubts.


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