Forged WILL*

jolly (Querist) 09 May 2011 This query is : Resolved
Dear Experts,

My real uncle residing at london made a forged WIll of my grandmother by endorse her forged signature and date of WILL was executed after her death in the year of 1979 (residential house in Chandigarh) and NOC's has been already taken from all legal heirs in the year of 1983. In the year of 2010 he sold the house to some property dealer where we were residing since 1969 along with my parents and my family in the possession of ground floor. Property dealer has filed a litigation of mandatory Injunction against us.

Pls suggest me, what legal action should l take against the forged WILL and real uncle

Regards

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Guest (Expert) 09 May 2011
SIR,
KINDLY NOTE THAT
1.YOU MAY FILE A CIVIL SUIT FOR CANCELLING THE SAID AGREEMENT WITH THE SAID PROPERTY DEALER AND YOUR UNCLE.YOU MAY ALSO CHALLENGE THE SAID WILL
2.YOU MAY PRAY FOR INTERIM AND PERMANENT INJUNCTION AGAINST THE SAID PROPERTY DEALSE AND YOUR UNCLE FROM SELLING THE SAID PROPERTY.
3.YOU HAVE TO PROPERLY EXPLAIN THE DELAY CAUSEED FOR THE MATTER.
YOU WILL SUCCEED.GOOD LUCK.

Devajyoti Barman (Expert) 09 May 2011
Without taking Probate of the Will , it does not have any effect.
Now since he has somehow managed to sell the property . file a suit for declaring the sale deed as null and void on the appropriate grounds including absence of any valid Will.
If the suit is properly drafted you have really a good case in your favour.

Raj Kumar Makkad (Expert) 09 May 2011
file a FIR against all persons involved in this fradulant act including your uncle, purchaser, attesting witnesses of will as well as of sale, registrar and so on. You should also file a counter claim to the suit filed against you and file an application under order 39 Rule 1 & 2 A seeking stay order of your forceful eviction from house property on the basis of forged will and subsequent sale.

M/s. Y-not legal services (Expert) 10 May 2011
Am agree with mr.makad

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