false wills

kalyani choudhury (Querist) 01 March 2009 This query is : Resolved
What are the points which will prove that a will is false and has been concocted.

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Guest (Expert) 02 March 2009
Very exhaustive question. Go through some text on wills. The following are the main points:

1. If you say that will is genuine one, then your defence will be that the testator was not in sound mind at the time of executive the will and the attesting witnesses had vested interests. The benefactor had offered them pecuniary and other benefits. The will had been executed under coercision or by the testator was misled are other grounds.

2. If you say that will is not genuine one, then you have to prove the signatures of testators as well as witness were not true and falsified, by bringing handwriting expert in the witness box with his report.

RAKHI BUDHIRAJA ADVOCATE (Expert) 02 March 2009
I do agree with Mr. Prabhakar.

kalyani choudhury (Querist) 02 March 2009
If the witness signatures were put after death of the testator how do we prove it? It is common knowledge that this was the case but how do we prove it in court ? Kalyani

PALNITKAR V.V. (Expert) 02 March 2009
Well, no straight jacket formula can be given. It depends on circumstances of each case. You can adduce evidence of some one who has seen the will earlier and can say that signatures of witnesses were not there.