• Forgery of a Will

Hi in our relationship my uncle(Mom Brother) fabricated my Grant father's(Nana) signature and he is planning to take the complete property though we have a judgement from City Civil Court on this property distribution into equal shares,at the same time we do have Advocate commission report too.Still the opposite party creating lot of problems.So, we have logged a file in Criminal Court and judge has referred the case to Central Crime Station, Detective Department for further processing.  So that concern dept help in processing the forgery will to FSL. 

Our major concern is opposite party are big time criminals handling in this kind of situations. So need your suggestion how to stop them from doing malpractice so that the result would be positive.
Asked 1 year ago in Property Law from Hyderbad, Telangana
Religion: Hindu
1) if your grand father had left a will your uncle in partition suit would have relied upon the said will to deny equal share in property to your mother . 

2) as on date you have decree  passed by court for division of property by equal shares 

3) further advocate commissioner has furnished report for division of property 

4) based on commissioner report court would pass final decree for division of property 

5) since you have lodged criminal complaint of forgery court has passed orders for examination of the will to FSL 

6) even if your uncle is big time criminal he cannot manipulate the report of FSL 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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1) wait for report of FSL . 

2) you can also have will examined by hand writing expert and obtain his report as to genuineness of the will 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. According to you, the civil court has mandated equal partition of the property. The order of the civil court has to be obeyed. If your uncle has forged a will to set up his title thereunder then you should contest the forged will in the court. Your uncle will have to explain as to why he did not produce the will earlier.

2. If you apprehend that he will take possession of the property on the basis of the forged will made by him then you should seek injunction against him. To seek injunction you do not require FSL report. 
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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Our major concern is opposite party are big time criminals handling in this kind of situations. So need your suggestion how to stop them from doing malpractice so that the result would be positive.
First of all wait for the FSL report to be submitted by the police to court and discuss fore the court on the report, get it clarified, if you suspect the report, you may file a petition to summon the expert of FSL to depose evidence about the report as a court witness and you can cross examine him on the basis of your observations wherein you found the report is manipulated.  Let them be any amount of influential, nobody is above law.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
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My Grandfather dint leave any will to my uncle, his desire was to share the property to his children, that was verbal confirmation. 


Since the court has already decreed the partition suit in your favor, better concentrate on the judgement of the court and file an execution petition to enforce the judgement also try to get your share of property registered in your favor through court by the virtue of the judgement. 
The civil remedy will be the best option in all such cases.  The Will has to be probated to be proved and in the wake of civil court judgement for partition the grant of probate to the  Will may not be effective or superseding. 
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
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It appears you have got final decree. If that is so then you can put the decree into execution so the same can be put into implementation.
If your uncle becomes violent then lodge complaint with police. You have to be proactive,else problem will continue.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
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Hi, you have to challenge the will as your grandfather has not executed any will  and burden lies on them to prove the will.

2. Will has to prove as per section 68 of the Indian Evidence Act, as one of the attesting witness has to appear before the court depose his evidence then you have every opportunity disprove the will.

3. You can also refer the will to FSIL through the process of the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1) you can file appeal in appellate court against refusal of trial court to grant interim reliefs 

2) it appears preliminary decree of partition has been passed

2) advocate commissioner appointed for divisions of property by metes and bounds and report has been submitted to the court for passing of final decree 

3) if report has been submitted in 2012 final decree should have been passed by now 

4) check with your lawyer 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Your uncle's wife being a lawyer is not above law. Even she is equal before law.  If an appeal is pending before high court, let it be there you can fight it out on the basis of merits in your side.
In the intervenor's petition for anticipatory bail application you can strongly object to your uncle's bail application.
Consult your advocate on further issues.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
1. Contrary to what you feel, there is nothing 'wired' about the judgment as it is a basic principle that injunction cannot be issued as between one co-owner and another.

2. In the first suit where the court ruled in favour of your uncle your granny or her legal heirs, as the case may be, should have filed an appeal to challenge the judgment in the higher court. During the pendency of the appeal the proceedings in the second case could have been sought to be stayed if the first decree was a conclusive disposal of the claim made by the plaintiff and denied by the defendant. The appeal can be filed even now. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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