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Forged signature of witness can WILL be challenged in the court
31-Aug-2023 (In Civil Law)
My parents had written a Will giving the house to the widow of the predeceased son, leaving nothing for myself & my sister (we are totally 3 children to our parents). The Will was signed before a notary public (a lawyer) and witnessed by two people. One of the witnesses is said to be myself on a particular day in Chennai, Tamil Nadu before the notary. But I was not there in Chennai as per my US Passport Entries. It is a forgery done with or without the knowledge of my parents. I want to go to the probate court and raise objections solely on the basis of this forged signature as one of the witnesses. What is my chance of winning the case against this forged document?
Hello sir that said will is not valid under law every will have to duly registered in concern registered office without registration that will is not valid after registration of will Chennai property hv to make probate in high court then only it's valid....so it's not valid will
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Adv. S. Saranraj
Chennai | 100+ Answers
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you file suit for partition along with your for partition the property stands in the name of your parents before the concerned territorial civil court and add the widow of your deceased brother and her legal heirs as defendants. then they will produce the alleged will in their favour before the court and we can challenge the said will through summoning witness and cross examination. it is the correct procedure.
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Adv. Saravana Kumar
Coimbatore | 100+ Answers
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You have a perfect chance of winning your case. The probate court would require an affidavit testifying the genuineness of the will from the witness, which you will obviously not give.
When you receive the notice of probate, make sure to record your objections in a correct manner.
When you receive the notice of probate, make sure to record your objections in a correct manner.
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give objections in the proper court if there is a case for probate otherwise you will loose your rights. if no probate case then file a case for partition. if they bring the will in the court then you can challenge the will as forged one.
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Adv. Satish Kumar
Chennai | 500+ Answers
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Dear querist
You have your right to question any document in which your are added either as a party or as a witness . Further any unregistered will can also be challenged before the court of law to prove it is not genuine, if you could prove it otherwise.
You have your right to question any document in which your are added either as a party or as a witness . Further any unregistered will can also be challenged before the court of law to prove it is not genuine, if you could prove it otherwise.
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Adv. P.N Rajan
Coimbatore | 25+ Answers
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