Signatures on blank papers for property .
PRASHANT
(Querist) 21 May 2014
This query is : Resolved
what is remedy if my father has given his signature on blank papers or stamp papers under undue influence or by their own will , so that such papers can be used for claiming share in property which is under forged will of my grandfather.
IS THERE ANY EFFECTIVE REMEDY AGAINST THIS.
Devajyoti Barman
(Expert) 21 May 2014
Will is not valid unless it is executed by the testator-
1. Under free will and sound mental and physical fitness
2. attested by 2 witnesses who
3. has seen the executor to put his signature on will after understanding the purport of the Will.
So a mere blank paper can not be so easily turned into a Will.
Dr J C Vashista
(Expert) 21 May 2014
How can you establish that the testator has signed the will under presure? If so, challange the same which shall be declared as Null and Void.
For forged signature and blank papers signed under undue influence, if the testator (non-beneficiary) or any one else can say/submit/prove in Court, the Will so executed shall be cancelled and the a criminal complaint for forgery and threat can be lodged
Sankaranarayanan
(Expert) 21 May 2014
I do agree with experts. File cr complaint.
ajay sethi
(Expert) 21 May 2014
it appears your father has signed blank papers for claiming share in property . once he has signed those papers contents would be binding upon your father . you have not mentioned what are the contents of said document .
as afr as forged will is concerned no probate would be granted if it is proved that signature was forged
Rajendra K Goyal
(Expert) 21 May 2014
The contents filled in the blank papers has not been mentioned.
When the papers were signed and who got these signed?
The facts are not clear, consult a local lawyer and show him all the documents / discuss the problem.
PRASHANT
(Querist) 21 May 2014
There is doubt that somebody in my relation may used such blank sighned papers for claiming money or share in property .
do i require to make a publication in a newspaper that "if any body has got the sign forgely than show their claim within say 7/15 days otherwise no any claim will be assumed "
OR
" if some body has got sign in forgedly manner, it will not be binding in any claim"
T. Kalaiselvan, Advocate
(Expert) 21 May 2014
You cannot issue any public notice as proposed by you and it cannot be legally valid. Firstly, say whether your father is alive or not?, secondly, if he is not alive, whether any miscreant have taken any advantage using the alleged forged documents?, if yes, then what was it, if you have proof to say some fraudulent or scandalous acts detrimental to your interest has taken place, consult a local lawyer and seek his advise based on the circumstance.
