Registered will vs unregistered forged will
Omkar
(Querist) 09 November 2015
This query is : Resolved
My father has four daughters and two sons. He wrote a registered will in favor of two sons i.e me and my brother on 18.8.2000 and unfortunately expired in a motor accident in 8.1.2005. Properties include agriculture fields and one house.
Since death of our father, our 3rd sister and her husband harrassed using one dominating personality in our town and forcibly registered in favor of our sister's children and gave us an agreement letter that they are obeying the said will is correct and there was no other will. this agreement includes signatures of all daughters and witness signature of 3rd daughter husband and the dominating personality. After 9 months of this incident, we filed a suit in 2006 to cancel the registered sale deeds which were obtained through coerce, fraud and undue influence.
Then in the year 2011, they were trying to occupy the said properties illegally. We filed a petition for permanent injunction order. In the said petition, initially temporary injunction order was granted and later on it was dismissed. The order states that genuinity of the wills have to be proved during trials during course of time and the said properties were not mutated in favor of our name. Other side, gift deeds were executed by our 3rd sister in favor of her son by exhibiting the forged unregistered will date 2.1.2005 (after 4 days of our father's death)
As we were at a age of 20 years and studying at time of my father's death, we did not apply for mutation of the agriculture fields in favour of our names, But in 2010, House was mutated in favor of our name.
In January 2015, they occupied the agriculture fields. So we withdrawn the petition for injuction and freshly filed 'suit for declaration' in August 2015. Last year they applied for mutation of the house in favor her son as gift deed was executed. After scrutinizing the documents from the both sides, municipal commissioner sent an endorsement that, as the issue of will is in courts, mutation will be implemented after getting the judgement and changed the existing my brother's name to my father's name in 2014.
Presently 2 suits are going on one in senior civil judge court (2006) and another in district court (2015). Are we on right track? At this stage they are again applying for mutation and paying house tax before getting demand notice and showing that receipts as the possession of the property.
At this stage how we have to control these people?
How to charge criminal action as they were using forged will and creating trouble to us by selling properties?
What steps we have to take to defend these actions by forged will?
Thanks in advance.
Kumar Doab
(Expert) 09 November 2015
you need to prove to the satisfaction of the court that later WILL is forged.
Your able counsel can advise you further.
Sudhir Kumar, Advocate
(Expert) 10 November 2015
long narrative. nothing understood.
meet a lawyer will all the papers which may be about 7-8 Kg by now.
K.S.Srinivas
(Expert) 12 November 2015
Agreed with Sri Kumar Doab.
Hemant Agarwal
(Expert) 28 June 2016
1. A Registered WILL (before the Registrar) CANNOT be forged, in anyway.
2. A Un-Registered WILL "can" be easily forged in every way. However this "forgery" can be proved in Court "only", by examining the two witnesses and by report of the approved forensic experts.
3. IF the relevant authorities have been brought to notice by duly aknowledged writing by the interested parties, THEN the authorities CANNOT conduct themselves "in any manner" pertaining to mutation etc...., TILL a due court order is received.
4. TILL a Court Order, final decision on Will (whether registered or unregistered), Any & All properties must maintain status-quo and not indulge in further selling /mutations etc....
Keep Smiling .... Hemant Agarwal
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