Fake will

Sir, Yes you will have all rights to cross examine and if the defendant is trying to make any false will then better file a case of forgery and cheating alongside and ensure that the witnesses themselves despose that the will is forged and make them a conspirator to the forgery .... Warm Regards Kapil Chandna Advocate 9899011450

We had filled a case in 2009 for Residential Property and provide all the documents related to property but the case was dismissed in 2013 on the ground that we were unable to provide the sale deed of the property.

Opinion: - You are supposed to produce the said sale deed, through which you are claiming title, before the court i.e. original at the time of evidence, so that court can believe in you that you have purchased the property.  But as you have not produced any sale deed in court that means court has not committed any error.

As per the Judgement of Lower Court, Defendent was also failed to establish the fact that My grandfather had executed any "Will" during his life time. Defendent had not provided any evidence and proofs in Court. Even "Will" was not shown to us during cross examine (we don't know about the Will ).

Opinion: same principle applicable to will like sale deed. 

We had filled appeal in upper court after providing the sale deed. Defendent has not placed any record in upper court also. Now the case has been remanded back to lower court with specific directions that the defendent has to produce a Will  or eastblish the fact that grandfather has executed any will during his lifetime.Also, declare owner to us for 50% share of the property as per judgement and order of Upper court.

Opinion:  See court is always of a view that, dispute shall be solved.  As both of you have not produced your respective doucments showing title over the property then court has no option rather than to remand back the matter, as you have produced the said documents in appellate court.  As these documents cannot be taken into consideration in appeal without their scrutiny by the trial court.  So court is correct in remanding back the matter to trial court. 

Since 2009 to till last hearing, Defendent has not placed any evidence or not produce any "Will or Evidence" on getting the numerous chances in lower and upper court. But now defendent is trying to make the fake "Will" by taking help of Two Witness and by forgery signature of Grandfather.

Can lower court will give any chance to us to cross examine the Will ? What should we do?...

1. If defndent produce any fake Will?

2. By Assuimg that Grandfather has signed any page in Year 2000 and died in Year 2008.  Till death, we were residing in property and don't have any information about Will.

Opinion:  - See after remand of matter to the lower court, both of the parties are at the same position which was at the time of filing matter in 2009. So both the parties will get an opportunity peruse the documents of each other and examine the witnesses or cross examine each others witnesses.  so dont worry, if your documents are proper and justifiable, no one can keep you aloof from your rights. 

 

Property had purchased by grandfather and I have built a floor but the same was not considered by court due to non availability of evidence...