• False complaint of forged testament

My Uncle has logged a false case against me and my mom for a forged testament.

1-My Grand Father & Grand Mother adopted my biological father his Brother before 45 years back.

2-My Biological Grand Father had Three Sons. My legal grand father adopted 2nd number's son of his elder brother (My Biological Grand Father)

3-My father lived with my legal grand father although there was not a legal adoption certificate because that time people were not educated & aware about all these legal things.

4-My Father lived with my legal grand father and grand mother till he died due to a hear decease at that time my age was only 4 years.

5- Later on the advice of my legal grand father and grand mother married to my uncle under (Younger son of my biological father) as small children will get the security   from this marriage my mother got a son and i got a younger brother. 

6-My uncle as my step father started living with me, my mother, my legal grand father and my legal grand mother. We all were a good family and unfortunately in year 2002 my legal grand father died. 

7- At the end of Terahvi Ceremony (Year 2002) of  my legal grand father my legal grand mother or you can say my godmother wrote a legal testament on the name of My Mother, Me and My younger brother that after the death of my grand mother My Mother would be her legal heir of all her movable and immovable property and will get all the rights as she have. This testament was registered in registrar office in  the presence of My Father's Sister's Husband and My Mother's Sister Husband. They both were legal witness of this testament. On witness (My Father's Sister's Husband) died later due to a hearth struck. other witness is still living.  

8-In year 2011 my legal Grand Mother died due to age problem.

9- In Year 2012 My another uncle who is eldest son of my biological father not the son of my legal father has logged a case under district civil court against my mother , my step father, me and my younger brother by false claiming that this testament, written by my legal grand mother in year 2002 and registered in registrar office, is falsely made by my mother and asking for his share of rights in our property. 

10- As the hearing of this case is going on under district court till now and my uncle (Eldest son of my biological father) has wrong intention to make trouble for us and when he found that this case will not be effective in his favor  so he has a lodged a FIR few days back under section IPC 420 claiming to making a bill fraudulently against me, my mother, my step father, my younger brother and the living witness (

Points are---
-As my grand mother has written a registered will or testament in favor of my mom (Her Legal Daughter in Law), me and my younger brother and which is registered under registrar office also.

-My Step father (Younger son of my biological father) has no name in testament so why he has given his name in this case.

-My Uncle (Eldest son of my biological grand father) has no automatic rights as he is not a legal or biological successor under inheritance system also.

- Claimant, My Uncle (Eldest son of my biological grand father) has a wrong intention against our family and he wants to make trouble for us.

My mother is a patient of Diabetes and High Blood Pressure. Me and my family is facing a mental agony by all these false charges. 

-- Claimant, My Uncle (Eldest son of my biological grand father) has no contact with us and my legal grand father and legal grand mother since 25 years. Now he is putting a case for getting some free share in our property without any legal rights and making trouble for our peaceful family. 

Please advice us on this matter how should we go further in these case.
Asked 1 year ago in Criminal Law from Alighar, Uttar Pradesh
Religion: Hindu
Hi
if the case has instituted in a civil court on property dispute on the basis of a WILL, you should prove that the WILL(the testamentary document)made by your legal grand mother is a genuine one.This means she has signed the document in proper understanding  and in soundness of mind.A registered WILL is good enough to prove that.
FIR under 420 will  not sustain since you have a registered WILL.
Do not worry defend you as you should fight the case since your uncle has lodged criminal and civil case against you in court.
The uncle stand with no legal right as a heir, so no claims can be made so get the false case dismissed
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. The document which you are referring to as "legal testament'' seems to be a will. 

2. Did your grandmother own a property? If yes, did she inherit or acquire it? The "legal testament" executed by her would be valid only if she owned some property.

3. A case of cheating and forgery has been filed against you, your mother, step father and your younger brother. You should apply for bail and enter defence to rebut the case. 

4. What goes in your favour is the fact that the will is registered. The only way to proceed forward is to contest the case filed against you.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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Now you have to wait for the court to decide about the grant of probate of the will.  If he has given a false complaint in the police u/s 420 that has to be challenged on the basis of which it is claimed to be false. 
The false claims for property to be challenged on the basis of the evidences in your support. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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