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Dalip ahuja (Business)     28 March 2011

Fake Will With Fake Witness

My case are:-


   (1)               In July 2010 25% share of my inlaws 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 on basis of Fake will on a simple paper (After 15 months of death)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 my mother in law was on dialysis in Govt Hospital ,Sector 32,Chandigarh due to heart attack and was in a seveare condition because of which doctors of Govt hospital reffered her to P.G.I on 17 March 2009 in the morning but after consulting withall family members we admitted her to a private heart institute (Mukat Hospital ,Sector 34,Chandigarh) on 17 march 2009..after examning her completely ,the doctors gave up and suggested us to take her home on 19 march 2009 in evening and on the same night she died. Govt Hospital ,Sec 32 admission and refferal records are with us.The Two witness on will are one is plumber(employee of my brother in law shop) second is tenant in  my brother in law shop.PLEASE SUGGESTS

(2)            One of my brothers in law (out of 3 ) is mentally ill (Pagal) and unmarried aged 62 and missed since feb14 2011 having shares in value of crores in immovable properties and rental income some of property..PLEASE SUGGESTS



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 2 Replies

Kunal Duggal (Advocate & Legal Consultant)     30 March 2011

Mr. Ahuja,

 as far as your concerns about will and witnesses ....( to be very precise)  Will can be made on a simple paper and witness can be anyone .....

yes the case you are referring here raise some doubts but that is a matter of trial and evidence and it can not be ruled out at this very moment whether the Will in question is genuine or fake....... if you brother in law has come up with some will he will definately get a stay on the sale of the property but you have to fight the case in proper manner and have to proove that either the will is forged or was prepared forcefully or without the knowledge of your mother in law .....

regarding your second issue i.e about your brother in law your question is not very clear but i am sure you want to know about the status of his share ...... if anything in specific is written in that will and if by anychance that will is proved genuine in the court of law then his share will be distributed accordingly if nothing has been disclosed about his share then it will be distributed equally in all the kins

but for best advice you need to show the relevant documents to your lawyer and only after that a clear suggestion can be provided

thanks

raj kumar ji (LAW STUDENT )     01 April 2011

ahuja ji first of all u prove that the will is fake on the basis of hospital records and the doctor under which ur mother in law treatment can he write that she is mentally not fit to write any type of will etc .


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