kulwinder singh (officer) 12 February 2012

Cousin used fake will in court 6 times / forceful possession

I am NRI, after dads death property was mutated onto natural heirs names in 2008. My cousin contested mutation on basis of unregistered fake will and prayed for injunction through SDM, Civil, Sessions and High Courts. He withdrew petition from High Court and entered fake will in Civil Court again (concealing facts). Stay was again broken. He appealed Session Court again where it was dismissed. He has never produced original will and has forcefully taken possession of property. How can I stop this harrasme https://www.lawyersclubindia.com/profile.asp?member_id=157621

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Bhartiya No. 1 (Nationalist) 12 February 2012

get injuction from civil court from his activities, also if u r sure that the will is fake and being constantly used then file criminal case as well u/s 465, 468, 420, 120B etc. also consult a good civil and criminal lawyer.

kulwinder singh (officer) 12 February 2012

I applied for Section 145 crpc to be imposed but the SDM said civil suits were still pending (in Civil Court witnesses stage). The civil court Judge has written abusing power of process of the court in his judgment (in our favour). Police have refused to register FIR for fake will. Have instigated case for directions to police under Section 156.

kulwinder singh (officer) 12 February 2012

I have put caveats in Civil, Sessions and High Court.

sridhar pasumarthy (ADVOCATE) 12 February 2012

You may deny the genuiness of Will in your pleadings. Court will not favour your cousin basing on the xerox copy of the Will.

Suppose, if your cousin files original fake Will, you may file an application u/s 340 r/w 195 of Cr.P.C. before the court seeking to forward a complaint to the concerned police station to investigate and register a case under relevant provisions of criminal law i.e. forgery etc.