forged will

Querist : Anonymous (Querist) 07 March 2011 This query is : Resolved
Sir,

One man in the year 1984 prepared a forged GPA in his name and SPA in the name of his wife of my father, and got the same registered in the registered office Gurgaon with the help of bogus witnesses. He was trying to sell our property, my father came to know so he lodged a police complaint and an FIR was lodged in 1985 against the said person.

The case is still pending in the police record as untraced. I have given the address of this person but police had not taken any action in this case till date.

My father died in the year 2005

Now in the year 2010 this man again came and filed a case in the court of sub judge for injunction on the bases of WILL of my deceased father. The WILL is of the same date of the same period 1984 and same attesting witnesses those are on the GPA and SPA.
All the documents are the in serial number like 1,2,3, and bearing the same signature.

After the death of my father for almost 5 years he said he just came to know about the death and he has the will and the legal heir of the deceased has no right on the property

I have lodged a complaint to the police but they are not taking any action

Sir my question is when for the two document my father had lodged a FIR and said that signatures on GPA & SPA are forged then how is it possible that the third document WILL is genuine

I need your advise what can I do.

With thanks and regards,

Karan Kumar

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A V Vishal (Expert) 08 March 2011
You can contest the will on basis of the earlier complaint of your father.

Kiran Kumar (Expert) 08 March 2011
if no action is being taken by the police despite the registration of FIR by your father in the year 1985 and now on your complaints.

then you may approach High Court for fair and proper investigation into the matter.

as us said the police finds the accused to be untraced but he moves freely and files civil suit against you, itself shows that the said person is having support of police officials as well.

contest the case on merits.

you can also file civil suit for declaration against the will.

Ajay Bansal (Expert) 08 March 2011
Agreed with A V Vishal.Further you may file a criminal complaint in court.

Guest (Expert) 08 March 2011
First of all you approach to the higher authorities of police and write the letters to the higher authorities and if no result comes than file a Direction petition in the High court u/s 482 of Cr.p.c and then the police will file its report of untraced and then you have better option that this person is appearing in the court in the civil cases and filed the case on the same documents as FIR was lodged.

as your father died in this you can prove only the signatures like in the bank account or in any other registered document which is in you possession.
Secondly you can also challenge the said will and GPA and SPA in the court in your counter claim at the time of filling of written statement.
as you stated that the stamp papers are in serial and it is not believable that the person at the same time registered two documents in the name of same person. so it is forgery at one place. your case is strong contest it positively and you will get the relief in this regard.

Advocate. Arunagiri (Expert) 08 March 2011
Go for a civil case for declaring the will as illegal.

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