Will case
s v desai
(Querist) 01 August 2017
This query is : Resolved
My mothers elder brother{My MAMA] was living with us since 20 years. His wife was died before his death,and he has no children. My mother and myelf were looking after him. He has agriculture land. A farmer is looking after that land. My mama was suffering with TB and he was treted for the same. The medical bill was paid by me. Later he was suffering with dementia and then parkinsons desease discharge certificate issued by KLE Hospital & Medical Research Centre [of KLE Medical Deemed University] Belgaum shows the report of his mental status. HOD of psychatric Department in his opinion is also mentioned in that discharge summery sheet. In the death certificate the doctor mentioned the desease as Parkinsons desease
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=793435. At that time the farmer with a bad intention taken signature on blank Bond paper . After the death of my Mama the said farmer written a will on that bond peperand applied for transfer of my Mams property. My mother submitted objection for property transfer with the Tahsilder. The RTC case was conducted and the Tahasildar given judgment that the property can not e transferedon the basis of will unless it is probated by the Civil court.Now the farmer filed case in the court and my mother is also filed the objection.
The farmer submitted a wrong affidavit stating that my mama is his Uncle for getting a death certificate from the place where my Mama was living. But my Mam was expired in the hospital at the different place and the death was registered by the hospital.I have the copy of the same. My quarrey is that:
1. Will made by the Dementia patient is valid.
2. Can we file a criminal[Fraud] case against the farmer on the asis of wrong affidavite.
3. What will be the decision we expect from the court.
Kumar Doab
(Expert) 01 August 2017
For TESTAMENTARY CAPACITY you may not that; Any person of sound mind can make a Will.
Kumar Doab
(Expert) 01 August 2017
You may go thru:
Central Government Act
Section 59 in The Indian Succession Act, 1925
59. Person capable of making Wills.
Every person of sound mind not being a minor may dispose of his property by Will.
Explanation 3.—A person who is ordinarily insane may make a Will during interval in which he is of sound mind.
Explanation 4. No person can make a Will while he, is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing.
Illustrations
(ii) A executes an instrument purporting to be his Will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid Will.
(iii) A, being very feeble and debilitated, but capable of exercising a judgment as to the proper mode of disposing of his property makes a Will. This is a valid Will.
https://indiankanoon.org/doc/1175175/
This should give you sufficient indicator to understand mental capacity i.e.; psychopathology is not interfering in his decision making.
Kumar Doab
(Expert) 01 August 2017
Although you have used medical terminology/disorders; Dementia, Parkinsons………….you may have to substantiate with substantiating evidence, medical history and Specialist Dr’s opinion…….that testator has diffused cognitive deficits…..i.e. disorders……….delusions…and convince the court.
Kumar Doab
(Expert) 01 August 2017
You may also go thru:
Central Government Act
Section 61 in The Indian Succession Act, 1925
61 Will obtained by fraud, coercion or importunity. —A Will or any part of a Will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void.
Illustrations
(ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void.
(vi) A, being in, so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid.
https://indiankanoon.org/doc/1588380/
Kumar Doab
(Expert) 01 August 2017
If the testator does not know the contents of his Will it cannot be said to be a valid Will.
Kumar Doab
(Expert) 01 August 2017
Proof of signature of the testator may be claimed as presumed knowledge and understanding of content of WILL and property being disposed off…………and witnesses may also affirm in favor of purported beneficiary…
However you have posted that signature on blank paper was obtained and thereafter it was filled with content being claimed as WILL.
This is fraudulent act.
You may have to prove it with evidence.
Kumar Doab
(Expert) 01 August 2017
Take help of a senior local very able counsel/Law Firm of unshakable repute and integrity specializing and having proven successful track record in Testamentary/Civil matters...........
Inquire at local civil courts,HC.............
s v desai
(Querist) 01 August 2017
Respected Sri. Kumar Doab sir,
Medical discharge certificate issued by KLE Hospital & Medical Research Centre [of KLE Medical Deemed University]Belgaum shows the report of his mental status. HOD of psychatric Department opinion is also mentioned in that discharge summery sheet. In the death certificate the doctor mentioned the desease as Parkinsons desease
Kumar Doab
(Expert) 01 August 2017
Payment of medical bills of testator by you for treatment of TB may not be any consequence except that purported testator stayed with you and if said medical record show other medical ailments like ; Dementia, Parkinson's and diffused cognitive deficits, delusions....................and having these while signing said document purported as WILL.............
Kumar Doab
(Expert) 01 August 2017
Dear LCI Querist @ Mr.S.V.Desai,
You may go thru my 2nd post and (iii)
Kumar Doab
(Expert) 01 August 2017
A senior local very able counsel/Law Firm of unshakable repute and integrity and worth his salt and specializing and having proven successful track record in Testamentary/Civil matters...........may succeed to convince the present (and higher courts, if approached and required) without expert's medical record/opinion and/or with expert's medical record/opinion that purported testator was of unsound mind at the time of purported signature on purported document purported as WILL......................and that said document produced before court is fraudulent act..............and said WILL is not valid........
Kumar Doab
(Expert) 01 August 2017
Other way around you may not underestimate OP and counsel of OP.
s v desai
(Querist) 01 August 2017
Respected sir,
I can not clearly understand your opinion because of legal words
Kumar Doab
(Expert) 01 August 2017
As a senior person you might have come across real life situations or publications on good cases falling flat in courts of law.............due to many factors including but not limited to............incompetence of PIP/lawyer(s) or dishonest lawyer(s) or insufficient evidence with aggrieved party although genuine and honest or competence of PIP/lawyer(s) of OP................
There are unlimited number of threads at LCI indicating same............
Kumar Doab
(Expert) 01 August 2017
Keeping in mind everything that you alone would know best.................apply your own judgment and approach a senior local very able counsel/Law Firm of unshakable repute and integrity and worth his salt and specializing and having proven successful track record in Testamentary/Civil matters........
Kumar Doab
(Expert) 01 August 2017
Dear LCI Querist @ Mr. S.V.Desai,
Which words are legal and not understood!
s v desai
(Querist) 01 August 2017
Sir, I cannot understand meaning of Reply -08
Kumar Doab
(Expert) 01 August 2017
Pls copy and paste, post whole of it.
s v desai
(Querist) 01 August 2017
Sir,Meaning of your kind reply No.8
s v desai
(Querist) 01 August 2017
Sir, It is not copying
Kumar Doab
(Expert) 01 August 2017
Copy and post whole of the reply8
Kumar Doab
(Expert) 01 August 2017
Copy and post or Type it.....
s v desai
(Querist) 01 August 2017
Sir, Your reply starts with word payment of medical bill
Kumar Doab
(Expert) 01 August 2017
Testator seems to be only word that you might have felt legal.............'a person who has made a will or given a legacy.'
Take help of dictionary, google.....
s v desai
(Querist) 01 August 2017
sir,
Para is like this:
Payment of medical ills of testator by you for treatment of TB may not be any consequence except that purported testator stayed with you and if said medical record shows other medical ailments like: Dementia, Parkinsons and diffused cognative deficits, dilusions... and having these while signing said document purported as will.
I can not understand the meaning of the last word PURPORTED AS WILL.
s v desai
(Querist) 01 August 2017
Sir, Para is like this:
Payment of medical ills of testator by you for treatment of TB may not be any consequence except that purported testator stayed with you and if said medical record shows other medical ailments like: Dementia, Parkinsons and diffused cognative deficits, dilusions... and having these while signing said document purported as will. I can not understand the meaning of the last word PURPORTED AS WILL.
In your opinion that will is valide or not on the above grounds.
Kumar Doab
(Expert) 01 August 2017
Purport: appear to be ..... especially falsely.
Kumar Doab
(Expert) 01 August 2017
I have already posted if the signature of a person have been obtained on blank document then it is not valid WILL.....................
The testator signs on WILL after being fully aware and having understood what is stated in it and being disposed...................
If signature are obtained say in year 2016 and death has occurred in say year 2017 and document signed as blank in filled with some narration after death in year 2017 then it is not valid WILL.............
Kumar Doab
(Expert) 01 August 2017
Dear LCI Querist @ Mr. S.V. Desai,
Anything else.
Kumar Doab
(Expert) 01 August 2017
The OP has dared your mother and you by approaching O/o Authority under whose jurisdiction property falls and Authority has rightly declined to act upon the said document; purported as WILL upon your contest/challenge..............
The WILL that is contested/challenged lands up in Probate Court of pecuniary jurisdiction........
The Probate Court shall decide the WILL is genuine or not............
You have posted your contentions on death certificate as well...............and that it is acquired on false grounds/declaration.............
You have posted that you have the genuine death certificate............
The OP has once again dared you to stand in Probate Court............
Real test has begin..........
Here you need to establish your contentions............and OP has to establish his/her contentions.........
Kumar Doab
(Expert) 01 August 2017
As already posted:
A senior local very able counsel/Law Firm of unshakable repute and integrity and worth his salt and specializing and having proven successful track record in Testamentary/Civil matters...........may succeed to convince the present (and higher courts, if approached and required) without expert's medical record/opinion and/or with expert's medical record/opinion that purported testator was of unsound mind at the time of purported signature on purported document purported as WILL......................and that said document produced before court is fraudulent act..............and said WILL is not valid........
Other way around you may not underestimate OP and counsel of OP.
Kumar Doab
(Expert) 01 August 2017
As a senior person you might have come across real life situations or publications on good cases falling flat in courts of law.............due to many factors including but not limited to............incompetence of PIP/lawyer(s) or dishonest lawyer(s) or insufficient evidence with aggrieved party although genuine and honest or competence of PIP/lawyer(s) of OP................ There are unlimited number of threads at LCI indicating same............on it and also unsuspecting qerists being allured and fleeced.
Apply your understanding, judgment and wisdom and take help of very able counsel as suggested.
In nutshell your mother should not lose her rights due to any reason...
Since you are supporting your mother and also you are her legal heir and may have to step in her shoes take good care of the matter at your hands....
Kumar Doab
(Expert) 01 August 2017
Repeated at:
http://www.lawyersclubindia.com/experts/Is-this-will-valid-649711.asp
Rajendra K Goyal
(Expert) 01 August 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Fraude-case-649671.asp
http://www.lawyersclubindia.com/experts/Is-this-will-valid-649711.asp
http://www.lawyersclubindia.com/experts/Registration-of-death-649536.asp
http://www.lawyersclubindia.com/experts/Will-case-563196.asp
Kumar Doab
(Expert) 01 August 2017
Why to repeat and that too so many times?
