• Registered will vs unregistered forged will

My father has four daughters and two sons. He wrote a registered will in favor of two sons i.e me and my brother on 18.8.2000 and unfortunately expired in a motor accident in 8.1.2005. Properties include agriculture fields and one house. 

Since death of our father, our 3rd sister and her husband harrassed using one dominating personality in our town and forcibly registered in favor of our sister's children and gave us an agreement letter that they are obeying the said will is correct and there was no other will. this agreement includes signatures of all daughters and witness signature of 3rd daughter husband and the dominating personality. After 9 months of this incident, we filed a suit in 2006 to cancel the registered sale deeds which were obtained through coerce, fraud and undue influence. 

Then in the year 2011, they were trying to occupy the said properties illegally. We filed a petition for permanent injunction order. In the said petition, initially temporary injunction order was granted and later on it was dismissed. The order states that genuinity of the wills have to be proved during trials during course of time and the said properties were not mutated in favor of our name. Other side, gift deeds were executed by our 3rd sister in favor of her son by exhibiting the forged unregistered will date 2.1.2005 (after 4 days of our father's death)

As we were at a age of 20 years and studying at time of my father's death, we did not apply for mutation of the agriculture fields in favour of our names, But in 2010, House was mutated in favor of our name. 

In January 2015, they occupied the agriculture fields. So we withdrawn the petition for injuction and freshly filed 'suit for declaration' in August 2015. Last year they applied for mutation of the house in favor her son as gift deed was executed. After scrutinizing the documents from the both sides, municipal commissioner sent an endorsement that, as the issue of will is in courts, mutation will be implemented after getting the judgement and changed the existing my brother's name to my father's name in 2014. 

Presently 2 suits are running one in senior civil judge court (2006) and another in district court (2015). Are we on right track? At this stage they are again applying for mutation and paying house tax before getting demand notice to us as our mother is staying in that house and showing that receipts as the possession of the property. Me and my brother staying away from home town as we are working in other states. At this stage what we have to control these people and charge criminal action as they were using forged will and creating trouble to us. What steps we have to take to defend these actions by forged will?

Thanks in advance.
Asked 1 year ago in Civil Law from Hyderabad, Andhra Pradesh
1) it has to be proved that will of year 2000 was executed by your father and the subsequent will is forged 

2) as rightly pointed by court it can be established only after trial which represents last will of your father 

3) since you have filed suit in 2006 and 2015 wait for suits to be disposed of 

4) you are on right track . I presume you have challenged the gift deeds too 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1) you can file for probate of will 

2) delay of 15 years in applying for probate has to be explained 

3) yiu will have to examine one of the attesting witnesses to prove the will 

4) your sisters may oppose grant of probate 

5) it would be converted into testamentary suit 

6) you have to examine handwriting expert to prove your father executed the will 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Presently 2 suits are running one in senior civil judge court (2006) and another in district court (2015). Are we on right track? At this stage they are again applying for mutation and paying house tax before getting demand notice to us as our mother is staying in that house and showing that receipts as the possession of the property. Me and my brother staying away from home town as we are working in other states. At this stage what we have to control these people and charge criminal action as they were using forged will and creating trouble to us. What steps we have to take to defend these actions by forged will?
You have already approached court wit the declaratory suit and also cancellation of the gift deed, so wait for the outcome of the court case. However, it is not understood that why did you file this declaratory suit in the year 2015?
Also you have stated that you have filed a suit for cancellation of sale deed, whereas a gift deed has been purported to have been executed as per your contention, which is the fact?
Criminal action against them for forging a fake will is not necessary at this stage. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
At this stage, Can we file 'probate of will'?

You should have done that, why did you not do it so far? even now you can file one.



Will it benefit us with respect to time apart from the above suits (2006 and 2015)?

Yes, it will be certainly beneficial.




Is there any additional advantage of filing 'probate of will?

It will be helpful to establish your claim for title in the property




When the role of handwriting expert will come in these suits?

During trial of the case, if necessary.


Can we request the court to take criminal actions if the 'subsequent will' will be proved as forged? 

No, you can approach police station for that.



For this do we need to file any separate suit?

Lodge a police complaint.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. You are on the right track. Mutation will not create title for either you or your sisters. The mutation in respect of the property, even if carried out, will have no legal force if the court declares the sale deeds as illegal.

2. You should also have filed a criminal case for cheating and forgery against your sisters.

3. Seeking probate of will at this stage when the suits are pending in the court will serve no purpose. You should wait till the court delivers its judgment. Probate will be contested by your sisters.

4. The handwriting expert can through his report shed light on whether the signatures are genuine or not.

Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi, as per law you have to prove the will, as you have to examine one witness before the court to show that your father has executed the will and then court has to pass a judgement of genuineness of the will.

As your is the registered will so you don't bother too much about the will.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
WILL shall not be executed without filing of probate. Court shall examine the authenticity of WILL thereupon pass order of execution. Court has power to take opinion of handwriting expert. At the time of trial ( after serving notices to all the beneficiaries ) court shall decide which mode of evidence would be property to determine issue of handwriting. court may tally the handwriting or take expert opinion under section 45 evidence act. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
1. You are required to apply before the Court for grant of probate of the registered will,

2. Once the same is granted, most of your problem will be solved,

3. Rest of your steps are in order,

4. The property will not be mutated in your name till the probate case is decided. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Taking probate of a will is a must otherwise there is no value of a will,

2. Once it is proved that 2nd will is forged, then you can file a criminal case against your brother in law for forging your father's will.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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