• Fake will

My father passed away in 2012. The house is jointly (equally) owned by my mother and my father. 

When we visited HUDA to get his share of property converted to my mother's name, they told us that there is a Will attached. 

My father named his share of the property to a random person. However, on further probe, we found that the power of attorney attached with the Will is fake as it was renewed with his signature after my father's death. 

I want to know what legal options do I have to solve this mess and how much time do I expect to spend in solving this.
Asked in Property Law from Faridabad, Haryana
Religion: Hindu
1) file police complaint of cheating , forgery against person who has forged your father will 

2) since your father died intestate obtain letters of administration from court  in name of the legal heirs 

3) you can also file suit against HUDA to direct them to transfer property in your name and that of your mother . in said suit mention that person has forged your father will and that you have already filed police complaint against said person 

4) suit may take some years to be disposed of 
Ajay Sethi
Advocate, Mumbai
28644 Answers
1555 Consultations

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1) on father demise power of attorney ceases unless i t is coupled with consideration 

2) as far as brother is concerned engage detective agency to trace his whereabouts 


Ajay Sethi
Advocate, Mumbai
28644 Answers
1555 Consultations

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Hi
Legally it is advisable to go ahead to transfer the property through a registered partition deed forgoing brother's share if he has no wife and children.This can be done if your brother has not been heard for 7 years or u don't have his weareabout for 7years.
Take step to issue a public Notice calling for claims from brother,his agents and legal heirs if any.
For the same you can aproch the court with a partition suit too,t he court fee and legal fee is involved for this .
A will cannot be made with pOA, your dad's Will had been forged and the POA become invalid at the time of the death of the principal
Thresiamma G. Mathew
Advocate, Mumbai
1385 Answers
104 Consultations

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1) your father is free to bequeath his property to whom soever he pleases

2) if the person has taken care of your father when he was ill then father could have bequeathed property to said person 

3) check whether there are any suspicious circumstances surrounding thee will 


4) whether will is attested by 2 witnesses? 

5) whether said witnesses are alive?" 

6) whether in will details are mentioned of your mother you and your siblings . 
Ajay Sethi
Advocate, Mumbai
28644 Answers
1555 Consultations

5.0 on 5.0

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