Forged will
Ramesh Bolla
(Querist) 13 June 2014
This query is : Resolved
Hello,
My grandfather died in 2006. He left a Will in favor of my uncle and his daughter. The property in question was inherited by my grandfather through a Will from his wife back in 1995. Unfortunately, we were not aware of all of this until about August 2012. My father and his other siblings did not bother to ask for a division of property due to a court case pending against one of our prime properties. Now, after coming to know about the Will, we have had several discussions with my uncle, and all our relatives tried to persuade him that it is unethical of my grandfather to write such a Will and that the property needs to be shared equally amongst his siblings. In spite of the best efforts made by all of us, my uncle is bent on not sharing the property with us.
My father, mean while started searching for some documents to contest the will if required, and came across some documents which prove that my Grandmother’s will is a forged one. We have got certified copies of 2 documents which were signed by my grandmother in the presence of a magistrate and the signatures of the 2 documents do not match to the slightest extent possible with that on the Will.
Also, in a civil case on a rental dispute, during the course of argument, my grandmother pleaded with the judge that she had nine children and an insane husband and that she wants to give her property to her children etc. All of this was recorded by the Judge.
The person who signed as a witness to my grandmother’s Will was surprised with all of this as he was not aware of the fact that it was a Will of my grandmother and told us that he signed the Will presuming it to be the will written my grandfather. He is willing to help us in the court of law as he feels that my grandfather betrayed his trust.
Can we use the above evidences to contest the Will of my grandmother and my grandfather and get our rightful share of property?
Some lawyers did suggest that we contest the will as we have sufficient evidence against the forged Will of my grandmother and the insane attitude of my grandfather.
However, I would request the legal opinion of the experts in these forums so that we can make a sound decision to contest the Will.
Regards.
Devajyoti Barman
(Expert) 13 June 2014
File a suit for partition wherein you can dispute the genuineness of the Will if it pleased by your uncle.
Sudhir Kumar, Advocate
(Expert) 13 June 2014
file a suit for partition.
getting share of property may not be sure but permanent spoil of relations (which may be costlier than property) are certain.
Dr J C Vashista
(Expert) 13 June 2014
I agree with experts, suit for partition be filed.
ajay sethi
(Expert) 13 June 2014
you seem to be having good case on merits . file suit for partition . let your uncle rely upon will . he will have to file for probate . you can contest the will in court . both suits would be tagged together
R.K Nanda
(Expert) 13 June 2014
agree with experts.
Sankaranarayanan
(Expert) 13 June 2014
File a suit for partition as advised by experts.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
Rightly observed by experts and properly suggested, I agree with them for filing a partition suit which will open new solutions to the problem.
