About a will
ss.k
(Querist) 13 December 2012
This query is : Resolved
Sir,
Please clarify on the following points:-
1. In a probate case in delhi, the petitioner in a planned manner made forged and fabricated Will of 23 years back on a plain piece of paper by forging the signature of the testator, please advice me how the various methods including scientific methods is normally adopted by various courts about detection of forgery particularly when signature of a person is forged.
2. Whether the probate court only concerned about genuineness of Will or also looks after other issue such as time barred etc.
Raj Kumar Makkad
(Expert) 13 December 2012
1. First of all such delay in bringing probate is itself suspicious, second it is on plain paper, third-it is unregistered and fourth the signature all alleged to be forged so the beneficiary has to establish such will beyond any reasonable doubts. You being respondents have to create all these points.
The signature of testator can be got matched with his available signature of that time but actually such probate petition shall stand dismissed on the ground of limitation.
Devajyoti Barman
(Expert) 14 December 2012
All the law pints including time can be taken into account by the probate court.
