Child Custody

Dear Khalid,

What do you mean by this " Tabiyatnama "..?

AND

What is the "content" of this document (Tabiyatnama)..?

Dear Aejaz Sir,

Thanks for your query.

The so called concocted Tabiyatnama is a kind of Will executed by the deceased husband of my sister allegedly executed before his death. But the fact is that no such Tabiyatnama has been executed by him during his lifetime. The details of this tabiyatnama is that this Tabiyatnama dicatates that my sister has left her only son and husband much before (say six years) and therefore, after his death the custody of his son be given to his family only. Now the fact is that the deceased husband was in government employement and 10 months before his death he was diagnosed with cancer of last stage. It is worth mentioning here that my sister was happily living with her husband and her son at her in laws house. But after his death  because of greed of money (Fund/Pension etc.) my sister was thrown out of her in laws house forcibly (an FIR had been lodged by my sister in this regard) and her in laws made a case that my sister has left her husband much before his death. Now, they have filed two separate cases against my sister (for custody of minor child and for succession certificate with regard to the money left behind by the deceased husband) and in both the case they have filed this forged tabiyatnama. It may also be mentioned that after the death of her husband my sister was given compassionate appointment in State Government as widow of her deceased husband and she is continuing for the last two years but no retiral benefit has been given to him for want of succession certificate.

It is further informed that  after being diagnosed with cancer and before his death, the deceased husband has nominated my sister for all his retiral/death benefits and family pension in his official records as per the laid down provisions and these nominations are dated 12.06.2006 whereas the concocted tabiyatnama is dated 10.06.2006 which goes to prove that this tabiyatnama is a forged document as the same is dated 10.06.2006 whereas the deceased husband has himself nominated her wife on 12.06.2006.

This tabiyatnama is duly notaried and bears the signatue and seal of the Notary but does not contain any register number. Now the notary is saying that he has not signed the original tabiyatnama and has put on his signature and seal on the photocopy of the said tabiyatnama.

Now in case of custody of minor child, the Notary has to deposed very shortly.

I think the above detail is sufficient to reach at a view. Please aslo suggest as to how the said tabiyatnama can be proved as forged. Please give your opinion urgently as the Notary has to deposed on oath very shortly.