different wills
anupam sharma
(Querist) 05 February 2011
This query is : Resolved
In a civil case pertaining to dispute of residential house between brother and sister. The brother has a registered will in respect of the demised property that he is full owner of the same as per the will. The sister has an unregistered will which she alleges a share as per her copy of the will. The sister had filed the ciivil suit in which she had tendered a copy of her will as an annexure which was procured by the counsel of brother through court. Now, the sister has tendered the will as an exhibit but the ‘exhibit will’ is different from the ‘annexure will’. The differnce is not in the content but in the the signatures of the executant and witnesses. What actions can be taken against the sister and witnesses in this case? Does a criminal case lies good against her? What steps should be taken by the counsel of the brother in this regard?
Devajyoti Barman
(Expert) 06 February 2011
If you allegations are true and ccould be proved then file pettion in the same court a petition u/s 340 of crpc after which the said court would send the same to the Magistrate for inquiry to determine whether any fraud or forgery or submission of any false document hass happened or not and therafter the Magstrate can initiate appropriate proceeding against the offending person.
V.Mahadevan
(Expert) 06 February 2011
Regisration of a WILL provides evidence that the testator was pesonally present at the Registrar's office along with the witnesses. Such registration of a WILL provides strong evidential value as the registrar attests the same after due identification. And it is held in safe custody of the Registrar and cannot be tampered with or destroyed.
It is said that the case is subject to a Civil suit filed by the sister and that documents 'exhibit'and 'annexed' 'WILLs differ "not in content' but ' in the signatures of the executant and witnesses". Obviously,this gives rise to suspisions about genuineness of the WILL.
It may be kept in mind that the onus to establish that the WILL had been secured by vitiating factors, if any, will be on the person alleging it.
Whether registered or not,a WILL must be proved as duly and validly executed.
The normal safe step is to apply to competent Court for grant of Probate.Probate granted by the COurt constitutes conclusive evidence of the validity of a WILL.
The querist should seek expert legal assistance on the further course of action to be resorted to resolve the issue.
