Forged will of 1998
PRASHANT
(Querist) 01 May 2014
This query is : Resolved
My Salutation to all senior experts,
my grandfather,having two wives {first expired long ago giving only a son, while from second wife-5 son & 2 daughters release and my father(sh.Satish) is oldest from second wife of my g.father). My grandfather expired in 1998 due to bad intention (wrong medicine were gave for clinical death) of my 2 uncle's(youngest brother of my father)and both they make a FORGED WILL having THUMB IMPRESSION by declaring from grandfather that"HATH HILNE KE KARAN ANGUTHA LAGAYA HAI" rather my grandfather was well versed in english-speak,read & right.this forged will was of date containg 4.10.1998 on which date my g.father was died.
As per another case decided in 1947 between my g.father and their brother,only my father and his elder brother sh jagdish (from first g.mother) was in this world.
my uncle (sh.jagdish) filed a suit for partition in 1999 and chalenging the will.
my father (sh satish) and (sh jagdish) both was entitled each 7/18 of total property.
but in case filed in 1999, there was compromise between (sh jagdish) and remaining 4 uncles and they accept some cash in lieu of compromise and transfer their share to one of my uncle. we never make any objection in the case as advised by lawyer even we appear in the case.
now today,i cleared LLB and now i want to challenge the will.
Q 1. i think most of property for which WILL was declared consist of ancestral property so how my g.father can declare will for whole property.
Q 2.How we can calculate portion of ancestral property in total property.
Q 3.WILL dated 4.10.1998, so approx 16 years lapsed, is my father still eligible to chalenge the validity of WILL ?
Q 4.I READ ON THIS LAWYERSCLUBINDIA that Probate play a important role in validity of valid WILL. can i ask for probate ??
Q 5.How we can claim our 7/18 share since 2 uncles have forged WILL and they never agree to give our valid share.
Q 6. can i start criminal proceedings u/s 420,467,471 crpc. will it be benficial for us OR harmful to opposition.
please reply must since as an Advocate i am also belongs to all your world.
ajay sethi
(Expert) 02 May 2014
file suit for partition . if your uncles rely upon the will they will have to prove that will is genuine . both the suits will be clubbed together .
Rajendra K Goyal
(Expert) 02 May 2014
Agree suit of partition is way.
1&2. being a law graduate find the definition of ancestral property.
3. During suit of partition, if will is presented, challenge it.
4. Not required at your level.
5. File suit of partition.
PRASHANT
(Querist) 03 May 2014
But,can i ask for probaye of will .
ajay sethi
(Expert) 03 May 2014
you ask for partition . let the defendants rely upon will and prove it . since the defendants are relying upon the forged will burden of proof is upon them to show that it represents last wish of the testator
PRASHANT
(Querist) 05 May 2014
but WILL created in 1998 i.e approx 16 years ago. can i still file objection and claim that will is forged.Also before this WILL, there was a family settlement in 1994(signed by 2 out of 6-7persons, we have only photocopy of that)between all of us according to that all persons were DAKHIL-KABIJ on their respected shares as shown in such family settlement, but in actual,my father didn't got anything as per that family settlement. later on this FORGED WILL was created and there is no any mention of about such family settlement.
ALSO , I AM STILL IN PROCESS OF APPLICATION TO BE SEND TO U.P.BAR COUNCIL. CAN I FIGHT THIS CASE MYSELF FOR MY FATHER .
PRASHANT
(Querist) 05 May 2014
is there any limitation period applicable which restrict us to file claim .
ajay sethi
(Expert) 05 May 2014
when you raised query why did you not mention about family settlement ? you keep on modifying query based on replies received . better contact a local lawyer . . dont fight the case your self . you will mess it up .
T. Kalaiselvan, Advocate
(Expert) 05 May 2014
If you are sure that the properties distributed among brothers were of ancestral in nature, you can file a partition suit on your behalf itself claiming a share out of the share of the property that was allotted to your father. It will be better if you take the help of a local lawyer for dealing with this issue.
PRASHANT
(Querist) 07 May 2014
i want also to know whether i can file case even my father is not interested in making any efforts for filing the case due to their lazy nature.how can i claim in the case i.e.on behalf of my father OR on for my behalf.
PRASHANT
(Querist) 08 May 2014
Please reply
ajay sethi
(Expert) 08 May 2014
take power of attorney from your father . file case on his behalf
PRASHANT
(Querist) 10 May 2014
but if my father deny to give Power of Attorney to fight case on his behalf than how i can proceed with to began the case.
Anand Bali Adv.
(Expert) 11 May 2014
Dear friend,
You can file the case of your own as you are having right in the ancestral property. It does not matter whether your father is interested or not you can claim for the Declaration, Partition, Possession of the property by your own as being the right claimant in the property.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
Click "LIKE" in appreciation of the above answer.
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
Email: advicelaw1@gmail.com
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PRASHANT
(Querist) 19 May 2014
1.but, will my lawyer also make a party to my father if case is filed on my behalf ?
2.Can my father oppose my case with due to love or affection with all relatives (opposite parties) or can my father help O.P.by signing on blank paper to him or can my father accept the forged will which was continously oppose by my father orally for last 16 years.
3.Is my case is time barred for chalanging the forged will created in 1998.
4.It may be possible that against some money ,my father had signed on blank papers and provide to O.P. which may create problums for me later.
what is remedy for this situation.
PRASHANT
(Querist) 13 June 2014
1..but, will my lawyer also make a party to my father if case is filed on my behalf ?
2.Can my father oppose my case with due to love or affection with all relatives (opposite parties) or can my father help O.P.by signing on blank paper to him or can my father accept the forged will which was continously oppose by my father orally for last 16 years.
3.Is my case is time barred for chalanging the forged will created in 1998.
4.It may be possible that against some money ,my father had signed on blank papers and provide to O.P. which may create problums for me later.
what is remedy for this situation.
