Validity of document
abcdefg
(Querist) 06 March 2014
This query is : Resolved
A hindu widow XYZ has two sons ajay and vijay.XYZ has some property alloted to her by final decree of court.XYZ is illiterate. XYZ is living with ajay.On one day,in night,when XYZ was sleeping,ajay has taken XYZ's left hand thumb impressions on blank bond paper.After two years of this incident,XYZ died.Now,ajay has written text matter on blank bond paper that "After XYZ's death, XYZ is willing to give her entire property to Ajay and nothing to vijay".Also by offering some money(bribe) to notary and two witnesses,Ajay has notarized the above prepared bond.Now ajay has produced this bond(as XYZ's will) in court claiming XYZ's entire property.Apart from this bond,there is no will of XYZ made in sub registrar office or made in court.Will bond produced by Ajay be treated as valid will by court? Or is there any legal way to prove that bond is invalid or illegal?
ajay sethi
(Expert) 06 March 2014
vijay has to oppose grant of probate of will to ajay . prove that thumb impression obtained on blank paper . that will was not signed by testator in presence of any witness
Anirudh
(Expert) 06 March 2014
You say that thumb impression of XYZ has been taken on a bond paper. What do you mean by bond paper? Do you mean STAMP PAPER?
If it is stamp paper, then on the reverse of it, please check up the purpose for which it has been obtained. Does it show WILL. Has the stamp paper has been purchased in the name of XYZ? If not, you will be in a good position to prove that the alleged will is fabricated one and not genuine.
As rightly stated by Mr. Ajay Sethi, Vijay has to challenge the genuineness of the WILL.
Rajendra K Goyal
(Expert) 06 March 2014
In case the Band paper is not stamp paper and the witness and the notary depose in support of the will, probate may be granted of the will and Vijay will get nothing in the property.
R.K Nanda
(Expert) 06 March 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 08 March 2014
The Will should be challenged properly with the help of a prudent lawyer in the court for getting justice. This is the only option now before you.
