Fraudulent will claiming ownership of your property
bharat khatwani
(Querist) 30 August 2024
This query is : Open
If a fraudulent will appears, asserting ownership of your property with a testator who has no legal or personal connection to your family, what legal actions can you take? What precautions can you implement to safeguard against such fraud?
T. Kalaiselvan, Advocate
(Expert) 30 August 2024
The Will has to be challenged and to be proved to be false and obtained fraudulently or a forged document.
Once the above criminal offences have been established then you can take legal action as per criminal law also against the person indulged in this offence
kavksatyanarayana
(Expert) 30 August 2024
If the will is fraudulent then one should challenge it and if the offence is proved, the person/persons involved in this will be punished for the offence.
bharat khatwani
(Querist) 31 August 2024
My friend took all these steps still he has faced 50 lawsuits related to property. Fraudsters were not detered by above steps. Is there any foolproof method to discourage fraudsters?
bharat khatwani
(Querist) 31 August 2024
WA message of my friend after reading above.....WA message of my friend.....I went through your query raised in the LCI web site. There are so many issues raised. It is a will duly registered with the regn. dept and it has got legal weightage. One cannot challenge the will who is a third party to the will. Anyway, the civil suit conducted enquiry on the will and it could not be proved as a true will by the plaintiff. It is unfortunate that the judge left the plaintiff with mere fine of Rs. 3000/- that too not paid by the plaintiff due to pending appeal. PL> OPINE..
bharat khatwani
(Querist) 05 September 2024
Summary of above case is as follows....The court judgement does not explicitly state the specific fraudulent means employed by the defendants. However, the judgement details actions suggesting fraud by the defendants:
Fabricated Documents: The claim hinges on a gift deed and a will allegedly created by the 1st defendant (Suseela) with false information (para n & j).
Fictitious Person: The will supposedly bequeaths property from Gopalakrishnan (Suseela's husband) who is not connected to the family or the property (para l).
Missing Family Member: The gift deed mentions Pattabi (Suseela's father-in-law) as Kumarappa Sankaraiah Naidu's son, a name absent from any family documents (para m).
Ignoring Existing Ownership: The defendants created encumbrances despite the property being registered under Chandrasekara Sankaraiah Naidu and Bakthavatsala Sankaraiah Naidu (para n).
False Representation: The 4th defendant (Satyanarayanan) proceeded with a sale deed despite an advocate's notice and a Lok Adalat settlement obtained through misrepresentation (para r & s).
While the judgement doesn't definitively pronounce these actions as fraud, it strongly suggests the court viewed them as such based on the dismissal of the defendant's claims.
Additional Notes:
The judgement primarily focuses on establishing the plaintiffs' ownership through a series of partition deeds.
The defendants' counter-arguments based on the fabricated documents and their lineage were not accepted by the court....... Is this sufficient to initiate case for fraud?
