Non production of forged will
4WhatIsRight
(Querist) 05 October 2012
This query is : Resolved
Very recently I have learnt about existence of my father and grand fathers will, fabricated and made by my uncles.
i have discovered photocopies of some documents wherein there is reference of these forged wills.
Acting upon the information discovered by me, i sent a notice thru my legal counsel to my uncles for production of certified copy of the said wills.
they replied that as the matter is too old they cannot instantly re-collect the entire issue and simultaneously asked me to let them know that how I learnt about existence of such will, with a further request to send them a copy of document or any evidence which I had regarding such will.
Then i published a public notice in newspaper claiming to be legal heir and inheritor of properties left behind by my father and grand father.
In reply to this public notice they have sent me a notice thru their lawyer in which he refers to (Forged)wills of my father and grandfather wherein allegedly both of them have bequeathed their properties and shares in properties to my uncles.
My lawyer has written to my uncles lawyer to forward a copy of the alleged wills and the same time denying existence of any such will and further alleging them to have been set up by his clients, i.e, my uncles, to usurp the properties.
their lawyer is not replying to my lawyers letters nor he has sent the copy of will to which he has been referring.
MY UNCLE MAY TRY TO MISUSE THE FORGED WILLS FOR TRANSFER OF PROPERTIES IN THEIR NAME.
how to stop possible misuse?
what shall be my course of action?
Shall i sent a complaint to police authorities?
to whom shall I write / inform.?
I have sent an objection letter to the registrar's office that there is no will left behind by my father and grand father so no property transfer shall be done based on any wills even if produced before his office, before allowing me an opportunity to take legal action.
properties have yet not been transferred, and they stand in names of the legal heirs of the deceased, i.e, my brothers and sisters.
An attempt is being made by the uncles but they have become cautious since receipt of the legal notice.
the will are forged and no probate has been obtained.
forsenic tests shall reveal.
i have further reminded the registrar that despite my objection, if he allows the transfer to take place- he shall not be able to avail immunity under section 86 of regn act, 1908. as it will no longer be an act under good faith, as he has been informed.
Sudhir Kumar, Advocate
(Expert) 05 October 2012
Please refer to all the queries made at :-
http://www.lawyersclubindia.com/experts/forged-will-336926.asp
http://www.lawyersclubindia.com/experts/remedies-for-forged-wills-312581.asp
http://www.lawyersclubindia.com/experts/Non-production-of-forged-will-343386.asp
You have alongwith yur mother (as stated by you) stood before the court and admitted the will.
You are not disclosing how old the admission was.
You have later learnt that the will is forged. It means that you want to say that if you knew about the forgery you may not have admitted the will. But you have only hearsay information and on the basis of the same you have sent legal notices and public notices. No relative of you is going to give evidence to support your claim of forgery.
Further when property stands transferred to “X”, you without challenging the transfer (on the basis of your knowledge of forgery) are giving public notice declaring yourself to be the sole owner. It is emotionally difficult for an uncle to walk into police station and request them to arrest his nephew particularly if the nephew is without father. So you are out of jail. You may better not compel him to do so.
I again repeat that you and your mother will have to face the following questions by lawyers of the uncles, if you proceed further :-
(i) How you are convinced that forgery is there.
(ii) Why you did not agitate when given first opportunity
(iii) When did you leant about forgery
(iv) How did you learn about forgery.
I again repeat that none of your relative (including those who instigated you) are gong to be a witness to prove the forgery which you are claiming.
4WhatIsRight
(Querist) 05 October 2012
Dear Mr.Sudhir,
you are mixing up facts.
please do not relate one query with another otherwise you will end up getting confused because matter of dispute more or less remains same in similar matters.
it is a different matter altogether.
1.when somebody has given public notice thru a lawyer, it means that he / she understands what he or she is doing.
2. had the wills been original the opposite party would have forwarded a copy of the same to the lawyer.
3.one who has sent legal notice, very well understands the implication of same.and moreover he/she has sent intimation to the registrar also.
4.what makes you think the uncle has / will have emotional difficulty in walking upto the police station.
5.i have put this query on this platform to evaluate the available options. you may choose not to respond if you are not in tune with the subject matter.
please do not get too personal with the queries.
if you carefully scrutinize the queries asked on this platform and subsequently resolved over period of time you will find that almost all queries and their answers have been repeated time and again.
moreover you will find most of the experts, barring few, repeat --well said,correctly said, i agree,....
Had it been so then there is no need for such interactive platform, only adding the prescribed law with few examples would be sufficient.
i believe,-
LAW IS NOT WHAT IS WRITTEN IN LAW BOOKS, BUT IT IS ALL ABOUT INTERPRETATION. and you need not agree with my view.
LAW IS THE ONLY SUBJECT WHEREIN DURING REPEATED DISCUSSION, YOU COME OUT WITH SOME UNTOUCHED ASPECT. that is why we have several conferences before one date.
i do know that there are two sides of a story, but a lawyer is supposed to look at the matter from his client's prospective and i am seeking opinion based on my part of the story.
Anything may happen during proceeding, but i seek opinion at this point of time based on this version of the story.
i try to help people who do not have access to proper legal help and are ignorant about the web network, by putting their queries and later telling them about the possible options given by the helpful experts.
I AM NOT A LEGAL EXPERT, I AM A COMMON MAN WITH LIMITED KNOWLEDGE, TRYING TO HELP MY FELLOWMEN MAKE GOOD OF THE SERVICE OFFERED BY FEW NOBLE PROFESSIONALS, WHO ARE AWARE OF THEIR SOCIAL RESPONSIBILITY.
PARTHA P BORBORA
(Expert) 06 October 2012
look bro - no body can transfer any proparty or claim ownership on the strangth of a will until and unless a probate is issued by competant court. If there is a will your uncle must obtain a probate and if he applied for a probate court will issue notice to you. You may submit your proof to chalange genuiness the will in the court. But a photocopy 6f any document has no legal value without the original one.
K.K.Ganguly
(Expert) 06 October 2012
File a partition suit if the property belongs to your grand father or a declaratory suit if it belongs to your father alongwith an application under Order 39 Rule 1 & 2 praying for ad-interim injunction restraining your uncles to transfer and/or change the character, style & nature of the property.
JANAK RAJ VATSA
(Expert) 07 October 2012
you need to file a suit for partition and the rest will follow in court.
