Witnesses for will
milind phope
(Querist) 25 June 2012
This query is : Resolved
My mother made a registerd will in 1995.My dad was the administrator.Witness "A" and "B" had signed this will .My mother expired in 2004.Witness "A" expired in 2005 and "B" also expired in 2006.My dad also exoired in 2011.
Now while taking Probate in 2012 today,,my brother has taken objection on my mother's signature saying that it is not mother's signature.
In this case,what will be fate of an attestation of my mother's signature,in the Probate court.???
Ajay Bansal
(Expert) 25 June 2012
Bring evidence of writing-expert.Further if said will is registered, then record of registrar can also help you in evidence.
J K Agrawal
(Expert) 26 June 2012
If the will is disclosed and openly known by your family since death of your mother the court may presume to be true but if you disclosed all of sudden after such a long time and after demise of all the witness the court may doubt it.
milind phope
(Querist) 26 June 2012
Adv.Agrawalji, witness "A" and "B" did expired before my father and father also gave,the said will in sealed envelop to my sister before he expired.My sister has disclosed the said will only after sad demise of my father.
So since 1995 mother's said will is disclosed only now in 2011,say after 8 years,after my mother's demise and after all above three were expired..
Myself and my brother therefore express doubt on this will in which the entire propery is given to my sister.It is unlikely of my mother doing so.She was staying with me and died on my lap.At that time we never knew about mother's said will.
Do we have chance to express doubt through an expert local advocate,in our probate court??? ofcourse we will have to depend on his cross to our sister.Pl let us have your guidence sir.
J K Agrawal
(Expert) 30 June 2012
In these circumstances the will is highly doubtful. You can certainly challenge it in the Court.
milind phope
(Querist) 30 June 2012
Thank you very much Adv.Agrawal ji sir,Now I think we know what approch we should take in the court and bring out the truth.Thank you and Adv.Bansalji sir
V R SHROFF
(Expert) 18 November 2012
I fully agree with views of Shri Agarwalji,
"In these circumstances the will is highly doubtful. You can certainly challenge it in the Court."
As Sister did not disclose WILL, and she is beneficiary..
Take Opinion of Hand writing Experts and forensic.. Check Age of Ink, Paper, and signatures comparison of old doc of all witnesses and mother. It is possible that a blank signed paper is utilised,
Sudhir Kumar, Advocate
(Expert) 18 November 2012
