Will fake
mahesh nair
(Querist) 18 April 2015
This query is : Resolved
i'm from kerala.my grandfather died on may 2013.my father,aunt and my grand mother are legal heir.my aunt and my grandma legally transfer their share to my father.my aunt son prepared a fake will that my grand father agrees to give 1/2 of his property.how to prove it as fake
SAINATH DEVALLA
(Expert) 18 April 2015
Grandfather agrees to give 1/2 share, to whom?
mahesh nair
(Querist) 19 April 2015
to my aunt son.but my grand father hadn't made any such will.
mahesh nair
(Querist) 19 April 2015
because he didnt make any such will in his lifetime
Sudhir Kumar, Advocate
(Expert) 19 April 2015
"because he didnt make any such will in his lifetime "
you need to produce a witness who can vouch that he remaining with him always and ever and never seen him making a WILL.
How do you know that he never made this particular WILL [ you have to argue this in court]
ajay sethi
(Expert) 19 April 2015
lety aunt son file for probate of will . you can file your objections and oppose grant of probate on grounds that will is forged
Rajendra K Goyal
(Expert) 19 April 2015
Refuse to owner the fake will and if claimed through court, prove the will as fake. Get the Handwriting confirmed from expert.
SAINATH DEVALLA
(Expert) 19 April 2015
Dear querist,
First U have to prove that the will is fake. One more thing is UR aunt has transferred her share to UR father. I is she alive now? What was her status when she transferred her share ,married or unmarried?
Guest
(Expert) 19 April 2015
Dear Dr. Mahesh Nair,
Can you please clarify on the following points about the events:
- the date of the will;
- date the will was probated;
- process and dates of transfer of shares of your aunt and grandma to your father; and
- what is description about the rest of half of the property other than that meant for the son of your aunt?
Dr J C Vashista
(Expert) 19 April 2015
Dr. Mahesh,
I have similar opinion as that of the experts, there are various issues involved in the query which are required to be considered and analysed like the subject property was self-acquired or inherited by the testator (your grandfather), order on probation of the will, surfacing of a fresh will etc. only then some (not proper) opinion can be formed.
It would be, therefore, appropriate to engage and consult a local lawyer for professional guidance and proceeding.
SAINATH DEVALLA
(Expert) 19 April 2015
Dear Querist,
Act as per the advice of DR.Vasishta
mahesh nair
(Querist) 19 April 2015
will was made on dec 2012 according to my aunt son.my aunt was a widow when she transferred her share to my father.process and dates of transfer of share on jan 2015
Biswanath Roy
(Expert) 22 April 2015
For determination of a fake WILL you shall have to do,-
1. Verification of Signature of the Testator by forensic expert.
2. Examination of Witnesses of the WILL
3. How the mother of the beneficiary of the alleged WILL can transfer her share of the property in favour of her brother. Does she not aware of the existence of the said will and her son became beneficiary?
4. Whether the said WILL is registered.
T. Kalaiselvan, Advocate
(Expert) 29 April 2015
Once he is approaching court of law seeking partition and separate possession of 1/2share in the property, with the help of Will, you can appropriately challenge the Will, it is a matter of trial, do not leave the property vacant so that he occupies it forcibly.
Guest
(Expert) 30 April 2015
I endorse the opinion of Shri Biswanath Roi.
