Will of the property is forged
25-Feb-2023 (In Property Law)
My grandfather wrote an unregistered will to divide his property between his sons, signed by 2 witnesses, couple of years before his death. He was 94 years old then. Due to his old age, his hands were shaky and hence there are differences in signature in some pages of will. My grandfather’s daughter has challenged the genuiness of the will. The witnesses are alive and ready to testify. What should I do?
Testimony of witnesses is very crucial in this case. That is the most important part in proving the genuiness of will. If they testify to their signatures on the will, they have to testify that your grandfather signed the will in their presence and that it was only at your grandfather’s request, that they have appended their signature as witnesses. By this the genuiness shall be upheld and the challenges laid down by your Aunt will not stand. Mere challenge will not suffice to the will to be held forged unless and until, she produces any relevant evidence.
Mere difference in the signatures on successive pages of will is not a rational ground for invalidating the will unless it is shown that signatures have been forged. The necessary steps will be taken by your lawyer subject to the scope of challenge by the daughter and the issues to be proved. It is better you hire a qualified and experienced lawyer.
Mere difference in the signatures on successive pages of will is not a rational ground for invalidating the will unless it is shown that signatures have been forged. The necessary steps will be taken by your lawyer subject to the scope of challenge by the daughter and the issues to be proved. It is better you hire a qualified and experienced lawyer.
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