Fake will and share in income of missed person
Dalip ahuja
(Querist) 29 March 2011
This query is : Resolved
Hello Sir
I have 2 cases
(1)In July 2010 25% share of my inlaws house transfered in name of my wife.House was in name of my father in law who expire instate in year 1986 leaving behind 5 legal heirs(my wife,mother in law and 3 brother in laws(one of my brother in law is 62 Year old,unmarried and mental,mentally sick)My mother in law expire in 2009 with out any will. Then We all four legal heirs cashed 4 lac FDR (which was in name of my mother in law) after submitting a papers(canara bank printed forms)which also shows intestate death of my mother in law. All the 4 legal heirs approve it.NOW my brother in laws file suit for stay(After 15 months of the death of my mother in law)on sale of 25% share in house on basis of Fake will by my mother in law,which is Neither registered nor probate and The Two witnesses on will are one is plumber who is employee of my brother in laws, second is tenant of my brother in laws.The will is on a simple paper.The date of will mentioned is 16 march 2009,where as on that date my mother in law was on dialysis in Govt Hospital ,Sector 32,Chandigarh due to heart attack and was in a seveare condition because of which doctors of Govt hospital reffered her to P.G.I on 17 March 2009 in the morning but after consulting with all family members we admitted her to a private heart institute (Mukat Hospital ,Sector 34,Chandigarh) on 17 march 2009..after examning her completely ,the doctors gave up and suggested us to take her home on 19 march 2009 in evening and on the same night she died. Govt Hospital ,Sec 32 admission and refferal records are with us.PLEASE SUGGESTS
(2)One of my brothers in law (out of 3 ) is mentally ill (mental) and unmarried aged 62 and missed since feb 14 2011 having shares in value of crores in immovable properties and rental income of some of property.
PLEASE SUGGESTS about rental/other income of his share
adv. rajeev ( rajoo )
(Expert) 29 March 2011
If there is fake will then challenge it by contesting the case burden lies on the plaintiff to prove that will is not fake and equal burden lies on the defendants to prove that will is fake one.
If he is party to the suit and not yet summons is served on him it is the duty of the plaintiff to take necessary steps.
