Q) Sir, you are correct, it is Self-Acquired property only. My brother have no grandchildren in 1999 when my father expired (that means no 4th generation). I asked above question only to clear my doubt about the nature of property. Thanks for clearing my doubt. We actually amended partition suit from ancestral property to self-Acquired property in 2016. Now Actually at present I am unable to prove forgery Will of my father which was filed by my brother. I have 14 and 12 years old mortgage deeds of my father. My brother denied these certified copies during his cross examination, saying that they are not genuine. We have filed a petition to summon registrar to come as witness. My brothers lawer is opposing it. Today I went to private forensic lab with forgery Will and Mortgage deeds of my father, there hand writing expert examined signatures and said they can give a report which says “NO OPINION” can be formed based on this old signatures. Now what I should do. Q1) Should I submit that “NO OPNION” hand writing expert opinion report in court? Q2) Is it use full to my case? Q3) If I file this expert opinion report in court stating “NO OPINION” , after seeing this Can judge use section 73 of Indian Evidence Act to see signatures with his eyes and form his own opinion which can be in my favor? Q4) Can judge’s opinion defer from Hand writing expert opinion? Q5) Should I get marked my father’s mortgage deeds from my side, as my brother denied them to get them marked in court or sub-registrar witness is sufficient to get mortgage deeds marked in court? Q6) As per sec 102 Indian Evidence ACT burden of proof lies on propounder of Will. He has to clear all doubts. But he denied old signatures and not submitted any new signatures also from his side. He is escaping from his from his burden of proof, what should I do? Please do answer each Question in detail, thank you.
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1) don’t submit no opinion hard writing expert
2) it does not help your case
3) if opinion cannot be formed from seeing signatures with own eyes court would consider hand writing expert opinion
4) you should get mortgage deeds marked from your side . You have produced certified copies of deeds from sub registrar office
5) if there are suspicious circumstances surrounding will court would not grant your brother probate of will
1. No opinion will not help. There should be affirmative finding that signature differs. The court may permit to get it done through government lab.
2.if step 1 done, then it may be useful.
3.Not certainly as expert opinion may aid to form a opinion and relied upon to form a definitive opinion. Therefore judge can verify, still other side may challenge his competence.
4. It may or may not depending on the judge's competence.
5. You can mark as that will strengthen your case.
6. If he fails to prove and you prove by adducing relevant and convincing evidence, then you win. Law doesn't work like arithmetics, therefore keep aside the provisions and look at the whole episode.
Hi, as he is escaping from his responsibility of proving the case, the case will be go in your favour. Even if opposed by him, you file the application to call the registrar as witness to prove the documents or to summons the record from his office. Also, submit all the documents in support of your case.
Q) Sir, I am Lakshmi, age 73, my father had 10 acer Self-Acquired property. My father expired 1999 intestate. My brother sold my father’s property without my knowledge in 2009. I filed partition suit and cancelation of sale deeds. My brother with his written statement filed an unregistered, unprobated forgery Will of my father dated 1998 in his favor, which is not mentioned in sale deeds also. Two witnesses of Will and scribe of Will came to court and said that Will is genuine. My brother did not submit any other signatures except Will. I got one sale deed and one mortgage of my father of 1986 (12 years old signatures) from register office. Private forensic lab Hand writing expert said that he can give only “NO OPINION” report based on these old signatures. Q1) how to avoid my side (12 years) old signatures of my father which I filed in court from sending to expert opinion, as NO OPINION report will come? Q2) How to put burden of proof on my brother only to prove signature of my father in the Will again in forensic lab also? Q3) I want some judgements which supports my case to put burden of proof on my brother only? Q4) What are my chances to defeat forgery Will with 12 old signatures? Q5) I want some SC judgements related to Self-Acquired property partition suit, to cote before final judgement from my side? Please do answer in detail ,thank you.
Dear Client,
We have filed a petition to summon registrar to come as witness ----- there`s no need to call registrar, Court will presume that official acts have been regularly performed. Sec 114 ( e ) Evidence Act. Onus is on ur brother to disprove it.
Should I submit that “NO OPNION” hand writing expert opinion report in court? -- without court order, court will not consider it. Also its not favoring u so submit in court. file application u/s 45 Evidence act.
Q2) Is it use full to my case? -- NO.
Q3) If I file this expert opinion report in court stating “NO OPINION” , after seeing this Can judge use section 73 of Indian Evidence Act to see signatures with his eyes and form his own opinion which can be in my favor? -- Hwo can be say here whether court will favor u, but u can file application ,no harm.
Q4) Can judge’s opinion defer from Hand writing expert opinion? -- Not bound but only assistance.
Q5) Should I get marked my father’s mortgage deeds from my side, as my brother denied them to get them marked in court or sub-registrar witness is sufficient to get mortgage deeds marked in court? -- U can exhibit any document which supports ur case.
Q6) As per sec 102 Indian Evidence ACT burden of proof lies on propounder of Will. He has to clear all doubts. But he denied old signatures and not submitted any new signatures also from his side. He is escaping from his from his burden of proof, what should I do? --- Probate is not compulsory. Court perfumes validity of WILL unless not found defective onthe face of it. Bring before court, which can show doubts in execution.
1) you have to agree for sending will and other documents for hand writing expert opinion
2)burden of proof is upon brother to prove that father executed the will
3)if signatures differs in will and other documents brother would not get probate of will
Q1) Should I submit that “NO OPNION” hand writing expert opinion report in court?
I would not advise you to submit no opinion hand writting expert.
Q2) Is it use full to my case?
If step 1 as suggested by you is done then it will not help your case in any manner.
Q3) If I file this expert opinion report in court stating “NO OPINION” , after seeing this Can judge use section 73 of Indian Evidence Act to see signatures with his eyes and form his own opinion which can be in my favor?
If the judge in not a condition to form an opinion after seeing the signature from the naked eyes then the expert opinion can be sought by the judge.
Q4) Can judge’s opinion defer from Hand writing expert opinion?
After the opinion is rendered by the Handwriting expert then the handwriting expert will be called upon for examination and then only the judge will make his opinion.
Q5) Should I get marked my father’s mortgage deeds from my side, as my brother denied them to get them marked in court or sub-registrar witness is sufficient to get mortgage deeds marked in court?
You must get the mortgage deeds marked from your side.
Q6) As per sec 102 Indian Evidence ACT burden of proof lies on propounder of Will. He has to clear all doubts. But he denied old signatures and not submitted any new signatures also from his side. He is escaping from his from his burden of proof, what should I do?
If he fails to prove then the court will not probate the will, alternatively you may adduce the evidence to negate her claim.
Regards
As per section 101 of the Evidence Act the burden of prove is upon the brother to prove the claim made by him.
You may note that the brother will not get the probate if there is a difference in the signatures.
Regards
Seems your brother has proved the due execution of the will.
If signature is in dispute, then onus of proof is on you to disprove the signature by using the said documents and requesting the court to send it to government lab.
Your brother has discharged his burden of proof and now the onus of proof is on you to disprove the signature.
As soon as your brother sold the property by using fake will, you should have filed a forgery and cheating complaint against your brother.
Unless, your case is read in full, will be difficult to search and get a relevant citation.
Q1) Should I submit that “NO OPNION” hand writing expert opinion report in court?
It is not your document that you are required to prove before court, hence your no opinion report may not be accepted by court.
Q2) Is it use full to my case?
You remain silent after the strong objection about the will has been recorded in the court.
Q3) If I file this expert opinion report in court stating “NO OPINION” , after seeing this Can judge use section 73 of Indian Evidence Act to see signatures with his eyes and form his own opinion which can be in my favor?
First the court will not accept your 'no opinion' report and it may not even section 73, it will simply dismiss the probate original petition.
Q4) Can judge’s opinion defer from Hand writing expert opinion?
It depends
Q5) Should I get marked my father’s mortgage deeds from my side, as my brother denied them to get them marked in court or sub-registrar witness is sufficient to get mortgage deeds marked in court?
It is the duty of the opposite party who relies on the will, to entertain any such claim.
Q6) As per sec 102 Indian Evidence ACT burden of proof lies on propounder of Will. He has to clear all doubts. But he denied old signatures and not submitted any new signatures also from his side. He is escaping from his from his burden of proof, what should I do?
Let him deny, the court will dismiss his probate will case
