Forged will
ankitkhetan
(Querist) 02 May 2015
This query is : Resolved
Probate of a will already granted by high court, property has been sold after the probate order, later on will is found to be forged and challenged in court of law. What will happen to the purchaser of the property?
Guest
(Expert) 02 May 2015
Mr. Ankit,
Yours is a premture academic query without any problem right now.
When something happens to the purchaser, only then come to this forum for solution.
ankitkhetan
(Querist) 02 May 2015
Sir, I am the prospective purchaser.
Guest
(Expert) 02 May 2015
Will found forged by whom and decided by adopting what process?
Devajyoti Barman
(Expert) 02 May 2015
If the Probate is set aside then the sale deed will be declared null and void.
Kumar Doab
(Expert) 02 May 2015
The question arises :Was the disposition during the pendency of the probate founded on fraud or what...........?
Is there any other or Supplementary WILL too?
This query is also posted at:
http://www.lawyersclubindia.com/forum/Sale-of-property-but-later-will-found-forged-120318.asp#.VUShMPB-hkg
Rajendra K Goyal
(Expert) 02 May 2015
If the will is decided forged/ probate set aside, sale would be null and void.
Raj Kumar Makkad
(Expert) 04 May 2015
You should confine to your original query wherein you shall have to reply various questions like the period between the sale and the subsequent disclosure of the fraud attached with the said will and many other relevant information before you get the exact reply.
ankitkhetan
(Querist) 05 May 2015
Dear Sir, thank you for replies. But, I'd request you to go through following post:
http://www.lawyersclubindia.com/forum/Sale-of-property-but-later-will-found-forged-120318.asp#.VUShMPB-hkg
In these post, i've explained the entire case history, please spare some time to read and provide your valuable comments.
Further, for you kind reference, I'd like to put some important case laws:
1. Mt. Azimunnisa Begum v. Sirdar Ali Khan & others [AIR 1927 Bombay 387]: It was held that the property had vested in the executor by virtue of the will and even if it is afterwards detected that the will was forged, all acts of the executor in respect of the suit premises, where bona fide purchasers are concerned, must be regarded as valid.
2. Valerine Basil Pais (dead) by LRs. v. Gilbert William James Pais & another reported in 1993 (2) Kar. L. J. 301:
the grant of probate establishes the genuineness of the will and the person in whose favour the probate is granted is entitled to convey the title arising out of the will probated by the Court. It may happen that the propounder did not take appropriate steps, by mistake, to notify the other heirs before obtaining probate. But the third party who acts bona fide and deals with the grantee cannot be made answerable to the fraud or mistakes committed by the propounder.
3. Crystal Developers vs Smt. Asha Lata Ghosh ... on 5 October, 2004: This is a very long case law, but an important one too, since has been decided by the apex court.
Please provide your valuable comments.
