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Succession certificate

Guest (Querist) 04 September 2013 This query is : Resolved 
My mother and father got divorced in 1994. My mother got remarried and my father stayed single. My father died in 2007 and I'm the only daughter of him. he used to stay alone at his residence in Belgaum. Due to the lack of communication it took time for me to reach to my father's residence after his death. Before I reach there, all the cash, jewelry, documents and other valuables were taken along-with by my father's two real sisters. Due to the lack of documents, i don't have the exact information of bank accounts n deposits. i'm struggling to get the succession certificate from civil court since last 7 years but still have not received it as my father's sisters (married before 1993) are claiming his deposits. the case is still pending in the court. in last month they said that they have my father's death will, in which it is written that, 'after my death all my property should be given to my sisters'. this Will is obviously is a fake Will. otherwise they would have submitted this long back n not after 7 yrs. also, its an unregistered will. how should i challenge this will? n how can i prove that this will is a fake will? Please help.
Isaac Gabriel (Expert) 05 September 2013
Consult a lawyer and file a case.
Rajendra K Goyal (Expert) 05 September 2013
Consult your local lawyer with all the documents. The validity of the will can be challenged.
Nadeem Qureshi (Expert) 05 September 2013
file a civil suit before civil court for declaration this Will null & void or you can file a criminal case u/s 420, 465, 471 of IPC against them if you think that this will is forged.
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Guest (Querist) 05 September 2013
Thank u all for your valuable advice. I still have a query. How should i prove that this will is a forged will?
DR.VEDULA GOPINATH (Expert) 05 September 2013
madam

As a natural daughter you are eligible and rightful successor of your father belongings including cash jewlery, depoiswts cash etc. if your aunties taken them, it is a fraud and cheating.
talk to me
dr v.gopinath 09848227926 vgnath@gmail.com
ajay sethi (Expert) 05 September 2013
contact a local lawyer . if your aunts are stating that by will your father had bequeathed all depossts etc to them they have to prove the will . the genuine ness of your father signature on will can be proved by opinion of hand writing expert
K.K.Ganguly (Expert) 05 September 2013
1. If they have stated in a case contested by you, that they have the Will executed by your father in their favour, then they must have filed a copy of the same,

2. If they have not filed ac copy of the Will, ask for its discovery. On examining the copy of the Will, you shall be able to understand its nongenuinity,

3.Moreover, a will need not be registered but needs to be Probated to give any effect to it,

4. A Will is not recognised in the eyes of law till it is probated.
Sudhir Kumar, Advocate (Expert) 05 September 2013
rrepeated http://www.lawyersclubindia.com/experts/Will-420721.asp#.UiieFX_Qzmk
Raj Kumar Makkad (Expert) 05 September 2013
Why have you repeated the same query which already stands well replied?


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