Srinivasa Rao (Engineer) 12 December 2013

Challenging a probable forged will

Dear Expert,

My mother expired in Feb 2013 and my sisters claim that she has written a "will" so as to give her 3 acres of land to them. But I seriously doubt that the will is a forged one with wrong date /done under coersion as she was suffering from cancer . As per the revenue records, the land is still in my mother's name even today. How can I get a copy of the will, if existing, and I wish to challenge the Will. Could you please clarify my way forward as I have an equal share.

Looking forward to your clarification,

Srinivas

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2 Replies

Advocate Rohit (Advocate) 14 December 2013

you need to appoint a lawyer and then move an application for Letter of Administration of the immovable properties of your mother before the District court. Let your sister produce the will, if any. This can be countered in the court.

Regards

Advocate Rohit Dalmia

9324538481

Mumbai

Rutumbhara Nayak (lawyer) 10 January 2014

Dear Srinivas
You can file probate petition under Section 276 of the Indian Succession Act under civil court of appropriate jurisdiction where the cause of action has arisen. Probate is the court process by which a will is proved valid or invalid. The legal process wherein the estate of a decedent is administered .The probate of a will means proving its genuineness in probate court. Unless otherwise provided by statute, a will must be admitted to probate before a court will allow the distribution of a decedent's property to the heirs according to its terms. As a general rule, a will has no legal effect until it is probated. Rutumbhara www.lawkonect.com 09555 507 507