How to take a copy of registered will and poa made by father
Querist :
Anonymous
(Querist) 22 May 2021
This query is : Resolved
Hello Sir,
My father has made a registered will and registered power of attorney in favor of my brother.
I came to know from a source.
When I asked my father he declined that he didn't do it.
I told my lawyer to get me a copy of the registered will and power of attorney
So he said...
That he has found the exact date of power of attorney and will by checking the server but the copy of these documents can be taken by submitting the adhar card of my brother/father or an affidavit by my father or brother.
Means I cannot take these documents.
My Questions are:
1. IF FATHER AND BROTHER HAS EXECUTED REGISTERED WILL AND POWER OF ATTORNEY, IS IT POSSIBLE FOR ME TO SEE?
2. ADVOCATE IS SAYING THAT I CAN TAKE THE COPY BY MAKING THE SIGN OF MY BROTHER IN AFFIDAVIT AND SUBMITIING IT?
IS IT A RIGHT GUIDANCE?
SHOULD I DO IT?
KINDLY GIVE SUGGESTION, WHAT SHOULD I DO?
Advocate Bhartesh goyal
(Expert) 22 May 2021
Since power Of Attorney and Will are not public document so certified copy of these documents can not be obtained other than it's executant or in whose favour these documents are executed.
( 1 ) No
( 2 ) No, your advocate's advice is absolutely wrong.making forged signature of other person is crime and punishable with imprisonment and fine.
kavksatyanarayana
(Expert) 22 May 2021
Yes. A copy of GPA and Will cannot be given by such a person. Even it is registered also, for GPA only the parties can obtain a copy of the same. Other than the parties of GPA cannot obtain. For registered Will, only the Testator can obtain a copy of the same. Only after the death of the Testator, on the production of the death certificate issued by the competent authority, it will be given to the third party.
Sankaranarayanan
(Expert) 23 May 2021
I do endorse with expert satynarayana sir reply,
T. Kalaiselvan, Advocate
(Expert) 24 May 2021
Section 75 of Indian Evidence Act : Private documents: All other documents are private.
A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. Documents in all forms frequently serve as material evidence in criminal and civil proceedings. The forensic analysis of such a document is within the scope of questioned document examination. A document means anything which is a permanent record of the happening of a fact and a blood-stained instrument or cloth is a record of some fact. Examples of documents: Some examples of Documents - Birth Certificate, Bank Statement, Wills and Deeds, Newspaper issues, Individual newspaper stories oral history recordings, Executives orders etc.
1. Since the Will has not come into force, besides you state that you are not the beneficiary in the Will, you cannot get a certified copy of the registered Will as well as the copy of the registered GPA (being a private document).
2. This is an act of forgery and a criminal offence, do you want to indulge in the commission of the said offence, you have not been properly guide by your advocate hence you may ignore this suggestion made by yor advocate to protect your interests.
P. Venu
(Expert) 25 May 2021
Will takes effect only after the father's lifetime. And he can change or revise or cancel present will during his lifetime. As such, no purpose is served by any hasty action than antagonising him further.
