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Dalip ahuja (Business)     06 August 2010

Fake Will

Recentally 25% share of house transfered in name of my wife.House was in name of my father in law who expire instate in year 1986 leaving behind 5 legal heirs(my wife,mother in law and 3 brother in laws}My mother in law expire in 2009 with out any will. We all four legal heirs cashed 4 lac FDR (which was in name of my mother in law) after submitting a papers(canara bank printed forms)which also shows instate death of my mother in law.All the 4 legal heirs approve it.NOW my brother in laws file suit for stay on sale of 25% share in house(which has been transferred at the name of my wife }on basis of Fake will on asimple paper that ,my mother in law wills 20% of her share to one of my brother in law . The date of will mentioned is 16 march 2009,where as from 13 march 2009 to 17 march 2009, my mother in law was hospitalized in I.C.U in Govt Hospital ,Sector 32,Chandigarhdue to 3rd heart attack and was in a seveare condition because of which doctors of Govt hospital reffered her to P.G.I but after consulting withall family members we admitted her to a private heart institute (Mukat Hospital ,Sector 34,Chandigarh) on the evening of 17 march 2009..after examning her completely ,the doctors gave up and suggested us to take her home on 19 march 2009 ,and on the same night she died. Govt Hospital ,Sec 32 admission and refferal records are with us. Please suggest me the remedies.



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 3 Replies

vimal charles (junior)     06 August 2010

nothin to worry.. u ll win the suit...

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     07 August 2010

There are good case laws identical to the situation that you describe. You must engage a senior lawyer conversant with the succession matters who can challenge the bona fide of the will effectively.

vasudevan

1 Like

Jaya Pathak (advocate and tax consultant)     07 August 2010

lots of cases with similar nature have been filed in various courts, engaging a lawyer shall be the best recourse for you,

Jaya


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