Property dispute

Querist : Anonymous (Querist) 13 December 2011 This query is : Resolved
Sir,
My Grand Mother Made a Will (Notary)on my Fathers Name on Oct 2003. And my Grand Mother Expired in Yr 2005. my Father Transfered the Property in his Name.
Now my Coursin Brother filed a Case on Sep 2011 that my Grand Mother has no Rights to Made the Will. Then on Dec 2011 my Coursin Bro. Submitted a Will on Stamp Paper of Dt Nov 2003. which seems to be Fake. Kindly Guide Me for the Same.

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ajay sethi (Expert) 13 December 2011
was probate of will taken by your father in 2005?

how was property transferred in your father name in 2005?

you will have to contest the case . say the will of december 2003 is forged one .

M.Sheik Mohammed Ali (Expert) 13 December 2011
which will is made lastly that only valid, same time will also register. if you believe that that will is fack, then send the expert reporter signature.

prabhakar singh (Expert) 13 December 2011
Your grand mother died in 2005.Will in your fathers'favor is notarized.HOW Was the property transferred in the name of your father just in 2005???.
Of which state the case is??
Was probate or letter of administration granted in your fathers'favor by court???

Your father need to assail the Dec.2003 will propounded by your Cousin Brother as fake and forged.Who has written this Will of Dec.2003,when your brother has taken a case, as you state,that your mother had no right in the property.Who according to him had the right????

Ask your father to contest in court after engaging a local civil law lawyer.

Your grand mother used to sign or to put thumb mark?????

Devajyoti Barman (Expert) 13 December 2011
Now the court would decide which one is genuine.

Raj Kumar Makkad (Expert) 13 December 2011
An adverse inference shall be taken against your cousin, who kept silent since more than 6 years after the death of your grand-mother and didn't raise his voice in favour of his alleged will.

Your will attaches a more truthfulness as the same is notarized and it seems difficult to change the mind within a month to change the will in favour of some other person without mentiong her earlier will.

In the given facts, you should move ahead and should declare his case as illegal and nullity.

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