How to challenge fake will in the court of law
Shiva
(Querist) 27 April 2019
This query is : Resolved
Hi, my uncle has prepared a fake will on 100 Rs. bond with the name of my grandfather saying transfer the whole property to him only. How could I challenge the will in the court. Is any medical test is allowed in the court to check truthness of the people who signed on the will as evidence? One of the sign is of person who already died and one he picked from road side.
Dr J C Vashista
(Expert) 27 April 2019
Show the document of "will" to a local prudent lawyer for proper appreciation, guidance and proceeding.
Vijay Raj Mahajan
(Expert) 27 April 2019
Onus to prove validity of the Will is on the person who is using it and who is mentioned as the beneficiary in the Will.
The whiteness are genuine or fake that will be open when they are examined in the court. Roadside person declared as only surviving witness will not be considered as genuine witness as he's not knowing the testator or he had no contact or relationship with testator.
The Will if not proved genuine by the uncle will be declared invalid by the civil court.
Guest
(Expert) 27 April 2019
When you are sure that the will is fake, you must also be aware of the reasons behind that. So, hire a lawyer to file a case in the court and prove that. However, for your information, irrespective of the witness being of a person, who has died or a person from roadside, unless you are able to prove the signature of your grandfather as fake or made by him under any illegal pressure or threat, the will cannot be treated as fake merely by your saying. You have to prove that with cogent proof in support of your contention.
Suresh Pillai
(Expert) 27 April 2019
This question warrants a personal discussion and comparison of one will with other. Hence, my personal Advice is to approach an expert in person. Because, I would never like to give an answer to such question without verifying the correctness and genuineness
P. Venu
(Expert) 27 April 2019
How is that the Will is fake?
Sudhir Kumar, Advocate
(Expert) 28 April 2019
Hi, my uncle has prepared a fake will on 100 Rs. bond with the name of my grandfather saying transfer the whole property to him only.
VALID EVEN IF IT IS ON PLAIN PAPER
Sudhir Kumar, Advocate
(Expert) 28 April 2019
How could I challenge the will in the court.
YOU SHOULD KNOW HOW YOU BELIEVE IT TO BE FAKE. THE EXPERTS OF THE FORUM ARE NOT HERE TO INVENT REASONS FOR CHALLENGING. THEY CAN ADVISE YOU WHETHER THE REASONS AVAILABLE WITH YOU ARE VALID OR NOT.
Sudhir Kumar, Advocate
(Expert) 28 April 2019
Is any medical test is allowed in the court to check truthness of the people who signed on the will as evidence?
NOT UNDERSTOOD WHAT EXATL;Y YOU MEAN.
IF THE WILL IS VALID THEN YOUR UNCLE IS ENTITLED TO PROCEEDS EVEN IF HE IS SUFFERING FROM ANY PHYSICAL OR MENTAL DISEASE.
Sudhir Kumar, Advocate
(Expert) 28 April 2019
One of the sign is of person who already died and one he picked from road side.
DID HE DIE IN DUE COURSE OR SOMEONE GOT HIM KILLED WHO DID NOT WANT HIM TO DEPOSE.
ANYWAY OTHER WITNESS IS AVAILABLE AND THERE WILL BE PERSONS WHO CAN IDENTIFY SIGNATURE OF THE DEAD WITNESS
Sudhir Kumar, Advocate
(Expert) 28 April 2019
How could your uncles (not you) could obtain such a WILL. was he alone looking after your G/father in his old age.
