Forged WILL*
jolly
(Querist) 21 April 2011
This query is : Resolved
Dear Experts,
My uncle made a forged WIll of my grandmother by endorse her forged signature and date of WILL was executed after her death in the year of 1979 and NOC is already taken from all legal heirs in the year of 1983. Suddenly he sold the house to some property dealer where we are residing since 1969 along with my father and family.
Pls suggest me what legal action should l take against the forged WILL and get the justice to my father,
Eagerly waiting for kind reply from ur's end.
jolly
(Querist) 21 April 2011
My uncle is residing in abroad
Devajyoti Barman
(Expert) 21 April 2011
You did not indicate where the property situates as in most of the cities in India taking Probate of the Will is compulsory and without it the Will does not have any leal force. Now in your case that does not appear to happen.
In that circumstances I would advise you to immediately file a suit for partition and injunction. In the said suit you could challenge the purported sale deed by your uncle as well.
Y V Vishweshwar Rao
(Expert) 21 April 2011
File suit for partition and you can also file Suit for Declaration - for declaration of title to property and your status on the property- you can dispute the Sale made by your uncle and the Sale deed of purchaser , as you are in actual possession since 1969 in spite of alleged Sale & sale Deed
jolly
(Querist) 21 April 2011
Dear sir,
The property is in chandigarh only. w r residing at ground floor and first and second floor is under possession of new purchaser. purchaser filed a mandatory injunction suit against us. now pls suggest that firstly l go with IPC 156 (3) or section 467 & 468.
Pls suggest.
Rgds,
jolly
(Querist) 21 April 2011
THE TIMES OF INDIA
In a recent judgment by a Constitution Bench, the Supreme Court dealt with this controversy and held that a person aggrieved by a forged document, particularly a will, can file a private criminal complaint under certain relevant sections of the Indian Penal Code, and the Code of Criminal Procedure would not come in its way.
Sachin Bhatia
(Expert) 27 April 2011
You can file criminal case along with civil suit for partition and suit for declaration of sale deed (made by your uncle) is null and void.
