Validity of registered WILL
Dakshina Murthy
(Querist) 25 June 2009
This query is : Resolved
1) Can a (fabricated or forged)unregistered codicil of 1994 superceed a registered WILL of 1992.
2) How can a fabricated or forged codicil be proved as forged in the court of law?
Please advise ..........
Thanks
Murthy
sanjeev murthy desai
(Expert) 25 June 2009
1. Firstly verify the signature of testator in registered will and Codicil.
2. Witnesses signatures in registered will and codicile
3. hand writting sytle in registered will and signature.
Adv. Lalit K. Jhunjhunwala
(Expert) 25 June 2009
It will all depend upon whether you can prove the Will of 1994 as false and fabricated or not.
In case you are able to prove the same to be false and fabricated the will of 1992 will stand valid.
Also in addition what Mr. Desai has stated you may also check:-
1. the place of execution of the will and relevant details of the executor's stay for that period.
2. You may also question as to why the will was not registered in case there is gap between the execution of the last unregistered will and death of the Executor.
Uma parameswaran
(Expert) 26 June 2009
A fabricated Codicil (whether it is registered or not) could not superseded the WILL. For second question I am concurred with the opinions given by L Experts. You can also confirm the health of the testator at the creation of the Codicil.
Dakshina Murthy
(Querist) 27 June 2009
There are two codicil's dated in the same year 1994 one in the month of june with only one witness and another in the month of august also with only one witness(both fabricated) and both codicil's have different witnesses, How can this be proved as a fake codicil. Since the content in the original WILL deed registered in 1992 was not at all mentioned in both the cocicil's. Also it states that the executor is bequeathing the codicil, How is this possible.????
Is there any sitation of supreme court which states that any codicil executed needs to be probated in the court of law within 12 years of execution.???
PLEASE ADVISE?????
