My mother filed a suit against my uncle for the property of my garnd mother.My grand ma purchased a property on 24th Jan 2005 with the finger print mark of left index finger (with signature)in purchase deed, because she got paralysis on left side so her left thumb ruled out ,due to that she mark her left index finger in that property purchase deed.Mean while my uncle shows an alleged registered will that favouring totally to him with finger mark of right index finger with signature in the date of 8.02.2005 with in 15 days of purchase of my grand ma property,now the case comes to trail stage now we want to cross the registrar, i need to clarify what is the format of finger marks starts from left thumb,to left small finger and right thumb to right smal finger,how can he show the will with marking of right index finger because while cross examine the attestors they accept my grand ma right thumb was working, so while right thumb is working why should they go to right index finger marking ,if right thumb is not functioning only they can mark right index finger and without functioning right thumb how can she sign the will can any one give me the act of finger prints that which finger follows if one finger not functioning and give me some legal tips to cross the registrar.even my uncle denies that my grand ma was paralysed but she recovered fully and no problem with paralysis but we have discharge summary of her with paralysis details so kindly let mw know the finger print act and laws. thank you
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1) you should emphasise on suspicious circumstances surrounding the will
2) if uncle takes plea that grandmother was not paralysed rely upon discharge summary report that shows that grand mother was paralysed
3) you have to discredit evidence of registrar that as grandmother was paralysed fingerprint of right index finger could not have been done
There is no laid down mode of affixing thumb impression on the deed of title. Since the case is at the stage of trial your lawyer alone can decide how to cross the registrar. Suffice it to say that if you are able to convince the court about the suspicious nature of the will it can be declared as illegal. A lot will hinge on medical evidence.
1. You are right. In normal course, if the right thumb is paralysed, right index finger is to be used for putting the impression in the Deed while registering the same.
2. However, do not depend solely on this ground since technically even orally expressed will is valid if it can be proved with evidence.
3. Find out other loopholes in the said will by consulting a local lawyer.
4. You may contact the witnesses also to get the details of the fact.
