Probate case
Querist :
Anonymous
(Querist) 15 June 2011
This query is : Resolved
Sir,
In a property related case in Delhi, the plaintiff has filed a probate case in which he has deliberately filed original Will after lamination as the defendants have already made objection about making of Will by adopting forged methods and copying the signature of the executant. Earlier the plaintiff has filed photocopy of the Will in different courts such as in the partition suit case pending in the High Court of Delhi.Further, the property in question is not self acquired property and allotted by the Govt. of India to refugees migrated from East Pakistan(now Called Bangladesh). Please clarify the following points:-
1. Can forensic lab. genuinely examine the signatures of the executant in a laminated Will.
2. What would be the proper course of action keeping in view of above said facts.
3. Since the Will is more than twenty years back and unregistered also, is this Will is time barred now, if so any recent judgement of the Supreme Court of India exists.
PALNITKAR V.V.
(Expert) 16 June 2011
Forensic lab can examine the handwriting. The will can not be called as time barred.If you have doubt about the genuineness of the will, you should demand examination of the will by Handwriting expert.
Querist :
Anonymous
(Querist) 16 June 2011
Sir, thanks of your reply. Further, I would like to draw your attention that recently the Supreme Court of India in a case has prescribed the limitation of probate case maximum three years. Is it true ? If so please guide me alongwith related judgement.
