False claims
Raghav Sarkar
(Querist) 05 December 2014
This query is : Resolved
Father had self acquired land which he distributed only among his 2 sons out of total 4 children(3 sons,1 married daughter),in a will.Father died.Now the 2 sons having name in will applied for the transference of name of property from their father's name to their own name according to the will.Transference procedure required signature of the daughter who was excluded from the share in the will.So to avoid the fuss by her,the wife of one of the 2 sons who have name in will,signed on that daughter's behalf on an affidavit.Procedure was in the last stage but the two excluded children who were totally ignorant about the will,asked for partition.When told that you 2 are excluded by father in his will,they sent a legal notice to sons having name in the will and also to the government department who was transferring the name,claiming that this will and our signature on affidavit are forged.This legal notice has stopped the name transference procedure and gov. department has asked for an answer on this notice.These excluded people are trying to claim their share by making baseless allegations that will is forged.What's the advice of experts in this case.
ajay sethi
(Expert) 05 December 2014
apply for probate of will . it has to be proved that will is signed by the deceased testator
Devajyoti Barman
(Expert) 05 December 2014
Taking of Probate is only option left to you.
Anirudh
(Expert) 05 December 2014
Whether will is forged or not is secondary. You have to first answer that the affidavit on behalf of the Daughter (i.e. your sister) is forged or not. According to your own admission it was forged by wife of one of the sons!
