• Will - cheating

On 5 jan 2021 my mom made her will and we went to registrar office with 2 witnesses and a lawyer. He made 2 sets of the will each contained a 100 rs stamp paper followed by 3 green papers. The set also had a challan and three other white papers for the office record. He also attached a photocopy of the house registry papers to it. 
He got all the papers signed by mom and took Her thumb impression on each page. Post that he went in and brought some more green papers , asked mom to sign quickly. I was away so came quickly to see and help mom, he was in hurry to get Her sign. I could see only one page on which there was a dotted line in between and mom was signing too much below the line leaving much gap I asked to leave less gap but lawyer said it’s okay and she signed and gave thumb impression. 

Later after registration he gave us a copy of the will as mentioned above but that did not have any green paper which had gap between the line and signature. Those were some additional papers signed by her. 

I am very sure that the persons has done some cheating and got some other papers signed by her. We have someone keeping an eye on my moms house. 

Now I do not know how to know what those papers were? 
 So I am wondering if the Green pages in the will are changed in the office record copy? 
Were they any sort of property transfer/sale papers ? Without any stamp paper attached to it? 
And how can We nullify/ stop the use of these additional papers without knowing what was that. 

Is there any way we can know and do something about it?
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

Your imaginary doubts do not have an answer in law.

You first ascertain the issue and find out if there was really any manipulation  of records and if there was any fraudulent action taken place at the time of registration.

It was your fault to sign the papers without going through the contents.

However since the documents registered that have been uploaded, you may obtain a certified copy of the registration  documents and verify the contents  and if there is any suspicious contents are found i it, you may immediately file your objection to it and  file another deed to cancel the previously execute registered document. 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Obtain a clarification from that advocate regarding this issue. If you don't receive a satisfactory response, engage the services of another advocate and get the earlier will cancelled (whatever has been registered). Thereafter get your mother to draft a new will and register it. Add a clause in that will stating that this is her final will and that all her previous wills are hereby revoked.  

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. It is not clear whether your mother is still alive or not. if yes then revoke this Will and et a fresh Will registered by an advocate of your spice.

2. Lodge complaint of cheating anf forgery in the meantime. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1) your mother is always at liberty to execute fresh will revoking earlier wills if any made by her 

 

2) it need not be registered 

 

3) if you have doubts ask your mother to execute fresh will 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

Will is effective after death. She can revoke the Will by executing fresh Will. Original will with stamp and green paper hand over to testator, your mother.

Copy is kept at registrar office not original. Will is not executed in 2 sets but only one. There may be some fishy.

Get the certified copy of Will to check if some fraud is committed.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Hey,

You can always put an application to a registrar to get a copy of all the documents. You just need to draft a letter and send it across the registrar. After getting a copy of the paper carefully read them and see what has been written in it. If you do not understand anything or feel that something is wrong you can always seek legal help for the same.

For more assistance, you can contact us at- support@ or [deleted]

Or

visit us-

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

I can do all job for you. It's a tedious work, only advocate can manage 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

First of all apply for certified copies of the registered documents before the concerned registrar office.

Peruse them properly and find out if there was any fraud one by them in this regard.

If you find something suspicious then approach an advocate in the local and get his opinion and advice to proceed further on this.

You may then proceed on the advice of the said advocate to tackle the issue legally. 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

During the lifetime of a testator, only she can claim a certified copy of the registered will. ...

 

 

you would not be entitled to obtain certified copy from sub registrar office 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

1. This sounds fishy. Immediately obtain a certified copy of the will from the office of sub-registrar where it was registered. Unless will is obtained, the real picture will not unfold.

2. Chalk out the further course of action after obtaining the certified copy of will.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

- Since , your mother is owner of the said property , then none can get ownership /transfer of her property against her will . 

- However, if you have doubt , then apply for getting certified copy of the WILL in the same registrar office without taking help from any lawyer. 

- Further, you can also enquire from the said office of registrar , that any other documents have been prepared therein or not. 

- Contact any staff of that office , or move an application for getting certified copy . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Dear sir/Maam,

you can get the duplicate copy of the papers by The two steps in that direction are of lodging an FIR with the police and advertising about the sale deed loss in national dailies. You cannot directly approach the sub-registrar to issue you a duplicate copy of the document since he would need you to prove you have actually lost the papers and attempts to find them have yielded no result.

Lodge an FIR: It is true if you lose anything, first go to the police station in your area. Lodge an FIR (first information report) with the police there, giving all the details of the property. Following this, the police would generally try to trace the documents, if a robbery or theft is the reason for the loss. In case the police are not able to trace your lost sale deed, they would issue you a non-traceable certificate.  This is basically a statement by the police that they have not been able to track the document and would be duly signed by the inspector general. This is a document that would now be instrumental in getting you the duplicate sale deed.

Advertise in a national daily: You will now have to advertise any leading newspaper that you have lost your property documents. This is, in fact, another step towards finding the originals. The advertisement will have all the details of the said property. The idea behind the advertisement is to spread the word about the loss so that the general public can restore the papers to their owner if they have any knowledge about the papers and have by any chance found them. This advertisement is another proof that the owner has lost the document. If you do not receive any information about the loss even after advertising, this is the time to approach the sub-registrar.

Prepare an affidavit: Now is the time to prepare an affidavit. On a plain paper, you have to write to the sub-registrar where the property was registered, informing them about the missing sale deed and all the other particulars related to the incident. You will also have to write an undertaking, stating everything mentioned in the affidavit is true. This affidavit accompanies by one copy each of the FIR, the non-traceable certificate and the newspaper advertisement, will then will have to be registered at a public notary.

Go the sub-registrar’s office: The applicant should now appear before the sub-registrar and submit these documents. After examining the documents, the sub-registrar’s office would accept your application for a duplicate copy of a sale deed. You will also have to pay a nominal fee along with the application which differs from place to place. It might take between 15-30 days for you to receive the duplicate copy.

 

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Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

Dear sir/Maam,

you can get the duplicate copy of the papers by The two steps in that direction are of lodging an FIR with the police and advertising about the sale deed loss in national dailies. You cannot directly approach the sub-registrar to issue you a duplicate copy of the document since he would need you to prove you have actually lost the papers and attempts to find them have yielded no result.

Lodge an FIR: It is true if you lose anything, first go to the police station in your area. Lodge an FIR (first information report) with the police there, giving all the details of the property. Following this, the police would generally try to trace the documents, if a robbery or theft is the reason for the loss. In case the police are not able to trace your lost sale deed, they would issue you a non-traceable certificate.  This is basically a statement by the police that they have not been able to track the document and would be duly signed by the inspector general. This is a document that would now be instrumental in getting you the duplicate sale deed.

Advertise in a national daily: You will now have to advertise any leading newspaper that you have lost your property documents. This is, in fact, another step towards finding the originals. The advertisement will have all the details of the said property. The idea behind the advertisement is to spread the word about the loss so that the general public can restore the papers to their owner if they have any knowledge about the papers and have by any chance found them. This advertisement is another proof that the owner has lost the document. If you do not receive any information about the loss even after advertising, this is the time to approach the sub-registrar.

Prepare an affidavit: Now is the time to prepare an affidavit. On a plain paper, you have to write to the sub-registrar where the property was registered, informing them about the missing sale deed and all the other particulars related to the incident. You will also have to write an undertaking, stating everything mentioned in the affidavit is true. This affidavit accompanies by one copy each of the FIR, the non-traceable certificate and the newspaper advertisement, will then will have to be registered at a public notary.

Go the sub-registrar’s office: The applicant should now appear before the sub-registrar and submit these documents. After examining the documents, the sub-registrar’s office would accept your application for a duplicate copy of a sale deed. You will also have to pay a nominal fee along with the application which differs from place to place. It might take between 15-30 days for you to receive the duplicate copy.

 

.

 

 

 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

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