Remedies for forged wills
4WhatIsRight
(Querist) 09 June 2012
This query is : Resolved
if somebody gets properties transferred relying on forged wills, what are the remedies available to the aggrieved.
can fir or criminal proceedings be started, parallel to civil law remedy.
fear of criminal proceedings may force the offender to go for settlement hence how criminal proceedings can be started.
Nadeem Qureshi
(Expert) 09 June 2012
Dear Querist
The aggrieved person can file a criminal case u/s 420, 467, 471 IPC and file a civil case fro cancellation of The Will before civil court.
Feel free to call
ajay sethi
(Expert) 09 June 2012
both civil and crominal proceedings can be intiated simutnaeously. the civl remedy would befor setting aside fraudelent sale of properites . but you will have to prove that will is forged .
criminal would be under section 467 , 471 IPc as pointed out by nadeem
R.K Nanda
(Expert) 09 June 2012
Agree with experts.
Advocate Rajiv Mishra
(Expert) 09 June 2012
A will exists unless declared forged or cancelled only by civil court,after that criminal proceding will initiate.
Shonee Kapoor
(Expert) 19 June 2012
I endorse the views of my Ld. Brothers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 08 September 2012
Opened a new thread on
http://www.lawyersclubindia.com/experts/forged-will-336926.asp
You are still seeking advise as advised by Mr Mishra the WILL is valid as there is no challnage to it.
prabhakar singh
(Expert) 08 September 2012
I checked your query on http://www.lawyersclubindia.com/experts/forged-will-336926.asp as referred by Mr.Sdhir Kumar.
For any alleged WILL remedy is cancellation Suit by aggrieved party.
Criminal proceedings can also be initiated by lodging an FIR.
But how can a party who has issued "no objection certification" admitting the correctness of will in mutation proceedings
before a magistrate can now change its' mind to challenge it as forged one either by a civil suit or by criminal proceeding.
Shall not its' own admission be deterrent to his/her cause?
Surrender K Singal
(Expert) 08 September 2012
Experience of Expert P Singh would be useful before considering any move ?
Sudhir Kumar, Advocate
(Expert) 09 September 2012
Sorry. I slightly disagree with Mr SK Singal. Mr P Singh is only a legal expert and not a psychiatritst.
The queries tshould refer to reply of Mr Sethi at http://www.lawyersclubindia.com/experts/Please-answer-my-question-336546.asp
prabhakar singh
(Expert) 09 September 2012
Thank You Mr. Sudhir for driving me to good threads unattended by me,
4WhatIsRight
(Querist) 09 September 2012
may lord be praised.
Surrender K Singal
(Expert) 09 September 2012
May Peaceful intelligence be bestowed by Almighty
Sudhir Kumar, Advocate
(Expert) 09 September 2012
It is unfortunate you are caught in web.
You and your mother admitted the WILL. is there any other successor who has not admitted the WILL.
Surrender K Singal
(Expert) 10 September 2012
I presumed querry to be academic and thus can not reconcile reference to mother or any admission etc.
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.
Surrender K Singal
(Expert) 05 October 2012
Well alerted by Expert Mr. Sudhir who seem to be aware of details of the matter
4WhatIsRight
(Querist) 05 October 2012
Dear Experts,
Mr.Sudhir is 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.
Sudhir Kumar, Advocate
(Expert) 05 October 2012
The the experts on this forum act on given facts and give free and charitable advise.
Your basic question (atleast on this thread) stand discussed by mr Sethi and Mr Qureshi.
4WhatIsRight
(Querist) 06 October 2012
sincere thanks to all the participating experts
Ms.Nirmala P.Rao
(Expert) 15 October 2012
Dear Client,
You can apply for probate with a copy of the forged will in the District court which would inquire in to the authenticity of the will and DECLARE THAT IT IS FORGED.You can prove in the same court,the authenticity/genuineness of the will by summoning the a hand Writing expert and prove that it is forged. You can proceed criminally also by filing cheating and forgery cases under relevent sections of IPC
Ms.Nirmala P.Rao
Legal Expert.
Or you can
