You can file RTI application and obtain copies of statements of witnesses , other documents obtained by IO during course of investigations
2) draw attention of court to fact that IO has not been attending court for number of dates
Information through RTI from Police
My father died last year without executing any will. There are six legal heirs wife, 2 sons and 3 sisters. I am the elder son. I left my father home 15 years ago due to family differences and not on talking terms with other legal heirs. Before the death when he was very serious he called me and told that I want to execute a will and want the division of his property as out of my four storey building 2 floors will go to your mother and one floor each to both of you brothers. I informed my mother and sibblings as all were present there that he wants to get his will executed but they all resisted and finally mother told me let him die in peace and I have heard his last wish so I will do the distribution as per his wish and all family members agreed to it. After the death of our father the younger brother prepared a fabricated will and claimed that the entire property and bank balances belong to him only as per that will and even withdrawn the bank balances after the death by depositing his pre signed cheques in his favour without informing the bankers and claiming the whole rent of the property also.Then I informed my mother about this she told me that do not worry I will give you the share as per his wish but wait for some time. Then I filed a criminal complaint to the police that my younger brother has made a fabricated will with the collision of two witnesses who are strangers to my father and illegally withdrawn the money from the bank. When IO called him he told him that I have filed for the probate of the will in the Honble Delhi High Court and withdrawn the money with the consent of the mother who is the nominee. Police told me that you have a family dispute and there is no cause for FIR. Now I have filed a complaint u/s 156(3) and IO has filled his ATR that he has enquired the witnesses and other other family members although sisters are saying that the will is forged and witnesses are not known persons but since the matter is subjudice and money has been withdrawn with the consent of the nominee so there is no reason to register FIR. As far as probate case is concerned he has not send any notice to any legal heirs despite several times instructed by the court and even imposing a fine on him as I attend every date and no one appears from his side so he is playing delayed practices. As far as 156 case is concerned now we have to argue but IO didnot appear on the last date so court again issued orders for the IO to appear and I think he may give money to IO for skipping the date. Now I want to know whether I can file RTI and can (1) demand for the inspection of the file thoroughly to prepare my arguments, (2) demand the photocopies of the papers obtained by the IO in the course of investigation like other legal heirs statements, witnesses satements, bankers staements and copies of the cheques taken by the IO. (3) Can I ask who is the IO now and what was the reason for not attending the date or progress of the 156(3) from them.
Asked 5 years ago in Criminal Law
Religion: Hindu
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9 Answers
1. You can simply file for the certified copies of the file from the court after IO submits report in the court.
2. The certified copies of same can be taken by filing an application before the court along with the copying fee.
3. See you will come to know about IO there is no issue in that also he can state the reason but i think for your case it is more important that you plead your self as party before the probate court and demand FSL of the will if brother is not giving notice for probate you can yourself file appearance and plead same before the court.
1)You can file RTI application to and obtain certified copies.
2) The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate.
3) You can contest a will after probate although for lots of practical reasons it is always better to contest a will before probate is issued as an unscrupulous Executor aware of any challenge to a will could dispose of the estate assets, for this reason if you believe you have grounds to challenge a will it is always best to put a Caveat on the estate first preventing probate being issued, this will provide time to allow a Solicitor to investigate the claim.
Dear Client,
Inspection and other documents permitted under RTI act but not statement of witnesses.
IO can ascertain by mere asking. No big deal. Reasons cannot be asked under RTI. Can try, if on last date IO was appeared and if not than why.
Better file application in court u/s 210 crpc.
You can demand the inspection as well as the certified copies under the RTI Act. If the said copies are filed in court you can demand certified copies from court.
1. File your written statement in matter of Probate, that the said will is fabricated and false and that you & your sisters dispute it. The matter will be closed and remanded to be tried as a dispute suit, which will then take years to decide. Brother would come down for settlement.
2. In matter of 156(3), move application in MM court, to issue directions to Commissioner /SP, for investigation and filing of his report, in the matter. This should get things moving.
Keep Smiling .... Hemant Agarwal
Yes , You can get all the papers from Police department through RTI
Dear Client
you are totally on a wrong track. Instead of wasting ur time in 156(3) enquire the status of the probate petition file your objections in the same and contest the probate case theu a good lawyer additionally you may also file a suit for partition demand decree of your 1/6 undivided share in the property and if your sisters are on your side they can relenquish their shares on ur favour. Once you prove in the probate case that the will was a forged one and get favourable orders it would get very easy for you to initiate criminal proceedings against him at that time.
Adv Vikas
1. You can
2. Yes, you can demand them
3. There is no use of getting a reply to this, because it is government department where such transfer as common.
