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RohitChhaba (n/a)     30 May 2013

Validity of will

There exist a WILL important points of which are

1.       Attesting witness denied validity of WILL

2.       There is only seal of Notary public on WILL no endorsement made by him overall notary public refused that he has ever seen that document.

3.       Scribe of WILL has refused that he has ever written that WILL

4.       WILL was executed in Delhi and seal of notary on WILL was of Jaipur (for same date)

5.       Aggrieved people filed criminal case u/s 420, 467, 468, 471 IPC and state FSL of  signature on WILL came negative (signature mismatch)

6.       One of the witness filed criminal complaint that his signature was obtained by fraud on WILL though Police has filed FR in that case.

Now case pending on that WILL

1.       Probate for will

2.       Partition suit

3.       Declaration and Injunction Suit

4.       Criminal case u/s 420, 467, 468, 471 IPC

Other circumstance

1.       Beneficiary of will are in Jail

2.       Police is about to file Chalan u/s 420, 467, 468, 471 IPC

Now parties are ready to compromise so question is

1.       If all legal hires of deceased and witness of will admit disputed Will as valid will can PROBATE court issue certificate for WILL knowing above circumstances?

2.       Getting a PROBATE certificate will end criminal case against accused?



Learning

 1 Replies

Adv k . mahesh (advocate)     30 May 2013

without finding wheater the will is genuie the court case will not end and after finding the will as genuine only you can file for probate


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