Any one can make fraud if other person signs the "will" behalf of testator
SUNIL
(Querist) 06 September 2012
This query is : Resolved
It is written that
in the case of making a WILL-------
The testator shall sign or shall affix his mark to the will, or some other person shall sign it in his presence and by his direction.
BUT MY QUESTION IS - why "some other person shall sign it in his presence and by his direction" ?
in which situation some other person signs in the presence of testator? if the testator is present then why some other person shall sign it?????????????
this is very unsafe because suppose testator did not tell any one to sign that . suppose he did not make any will.
suppose SOME wicked , bad person can write a will and sign the will BY HIS FRIEND in favour of testator and can take all the property fraudulently.
IF ANYONE SIGNS BEHALF OF testator THEN WHAT IS THE SECURITY?
SUPPOSE A IS a good person.
B is a wicked bad person.B can make A'S "WILL" writing that all the property A is going to give B. THEN PERSON B may tell anyone of his friend to sign in favour of A.
IN THIS way B can make fraud using this rule.
and when A will die B can take everything.
EVERYONE SHALL THINK THAT A MAKES A WILL.BUT HE MIGHT NOT MADE ANY WILL.
so MY QUESTION IS IS THERE ANY SECURITY IN THIS RULE?
what do u think?
BECAUSE IF OTHER PERSON SIGNS BEHALF OF testator THEN ANY ONE CAN FRAUD AND CAN TAKE OTHER'S PROPERTY. ISN'T IT?
Sudhir Kumar, Advocate
(Expert) 07 September 2012
Repeated threads on the same query.
http://www.lawyersclubindia.com/forum/details.asp?mod_id=65607&offset=1
http://www.lawyersclubindia.com/experts/IS-THIS-RULE-VALID-PLEASE-ANSWER-336616.asp
http://www.lawyersclubindia.com/experts/ANY-ONE-CAN-MAKE-FRAUD-IF-OTHER-PERSON-SIGNS-THE-WILL-BEHALF-OF-testator-336646.asp
Guest
(Expert) 07 September 2012
Repeated query but with different subject line.
Hemant Agarwal
(Expert) 10 September 2012
IRRESPECTIVE of ANY RISKS:
1. Sometimes the Will-Maker may be mentally active & fit, BUT may be his hands are paralaysed for affixing Thumb / Sign on the will-document.
2. Sometimes the will-maker might have lost both his hands, in an accident, so a competent & confidential person may do the needful in the presence of proper witnesses. The Registrar of Assurances, may ALSO be duly summoned for the purposes, in the above type of matter.
POINT OF INTROSPECTION :
Many will are duly executed properly in the presence of competent witnesses and even registered, YET such many will's are proved to be false and forged.
INCIDENTALLY, under the Mohamedan Law, an ABSOLUTELY "ORAL" will is acceptable in law (without any prejudice), which means there is no necessity for a written will or a thumb impression or a signature of the will-maker.
Keep Smiling .... Hemant Agarwal
Sudhir Kumar, Advocate
(Expert) 10 September 2012
Even in certain circumstances oral will of solder is also admissible.
SUNIL
(Querist) 11 September 2012
To,
Hemant Agarwal,
Thank you sir.
dr g balakrishnan
(Expert) 17 April 2014
always keep documents in bank personal lockers that will reduce troubles.
never by error tell any one u will write wills even by a slip of tongue; then al might think that properties may get inherited by intestate succession, all the better,
again understand only last will is the irrevocable will, so any will written is subject to changes by testator;
where will be fraud then!
even signing blank papers can be contested under evidence act;
see any GPA is not an irrevocable document; when u have any doubts, cancel by public notice in a well circulated newspaper;
u can likewise wisely cancel any document;
fraudster shd prove u took money under some kind of registered sale to him which he cannot easily prove;
unless u r wise, how can you tackle issues!
