• Property dispute made criminal

My uncle made a will and I was witness to it. He gave his property to his brothers instead of sons. His sons now may file a case against me and give it a criminal twist maybe under section 120 B.
Will the ploice come to arrest me or will they only question me
Asked 1 year ago in Property Law from Vadodara, Gujarat
Religion: Hindu
1) being a witness to will is no crime . 

2) it is your uncle wish whom he  wants to bequeath his property to 

3)as on date no criminal case is filed . 

4) if any case is filed police will record your statement 

5) you have to in your statement tell the truth 

6) that your uncle signed will in your presence and that of other witness 

7) you wont be arrested by police . 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
1) if police  come looking out for you have your statement recorded 

2) you have not committed any offence by being a witness 

3) be fearless 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Hi, though he may file a police complaint against you but one thing remember it is very difficult to prove the case before the court and secondly you are only a witness to the will.

2. Suppose if he file a complaint police will register the FIR and then come to you then you better apply for anticipatory bail in the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Is your Uncle still alive?

2. The charge of concealing a design to commit an offence  u/s 120B shall have to be accompanied with the section applicable with the said alleged offence. What is that offence?

3. However, do not worry as no charge will stand on you for signing as a witness of a will.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Lodge a police complaint against them alleging their said threat,

2. No body will arrest you for that allegation,

3. If the testator is alive then the allegation of 120B against you will fall from its legs.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. After the filing of the case the police will be at liberty to arrest you any time.

2. To avoid being arrested and lodged in jail you should apply for pre-arrest bail immediately.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Is your uncle who made the WILL alive?
2. Two persons would have witnessed the execution of the WILL, you are one and where is the other one.
3. I think it was your uncle's self acquired property and he was well within his rights to give his property to any body including his brothers and there can be no compulsion that the self-acquired property can only be given to sons and you, as one of the witnesses, had no role to play in the execution of the WILL.
4. Your uncle's sons may challenge the execution of WILL in the competent court and may not approach Police in this regard. Even if the Police come in search of you, they may come only to enquire you to know whether you had abetted in the execution of WILL by your uncle.
5.You can take the help of a local lawyer if need be.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
A. Don't worry about the police action. You are the just witness in your uncle will.  If your uncle is competent and mentally fit  to execute a will that no one question about it.

B. As you said, you are expecting criminal cases against yourself under the section 120 B for criminal conspiracy, but it is not easy to establish because of the testator must give his statement in respect of there was no undue influence, mislead, fraud at the time of execution of will and no role of any other persons.

C. In case, if complaint registered, you should have applied for anticipatory bail, but till now no complaint has registered against.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0