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Punishment for presenting a fake Will
27-Nov-2023 (In Civil Law)
I am from hindu religion.My father died last year.My mother,myself and my paternal grandmother are the legal heirs as per the legal heir certificate.My father had nominated my paternal grandmother for his bank accounts,insurance policy and bank locker.She has produced a will not registered but affixed with thumb impression predominantly in her favour and vacated her residence after claiming the money from the banks.Now what do we do on the nomination and will and what are we entitled for?
You didn't mention the contents of the will. Provide more information to get clarified. . .
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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Is it possible to make fake will?
Any family member, household worker, or friend can fake a will. The will can be difficult to distinguish as real or fake. To prove its authenticity, it is important to check the handwriting of the deceased, the signature of witnesses and the witnesss. 11-Jan-2021
On what grounds a will can be challenged?
A.N. Narayanan Chettiar1 ruled that a will could be challenged for undue influence. This includes influence exercised by coercion, fraud or coercion. Undue influence would not include simple persuasion or importunity that does not overbear the testators will. 27-Dec-2022
What is the punishment for fake will in India?
The offence of forgery is usually committed in relation to a valuable asset, such as a will or a security. This is a separate offence that is punishable by section 467 IPC. Maximum punishment is life imprisonment or ten-year imprisonment and fine. This is an offence that cannot be recognized and for which bail is not available.
Nomination is only for collecting money. After collection the money it has to be divided among the legal heirs. So You can file a suit for your share of money and obviously in that suit your grandmother claim the presence of will. There you can question the veracity of the will and seek for your share of money.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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contest the WILL on its merit, declare the same as null and void, if you have sufficient proof, summon witness to the box and check the genuineness of the WILL ,she can be custodian of bank deposits, but she cannot disburse or utilise the same.
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Adv. RS Raghavan
Chennai | 100+ Answers
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