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Disputed Will case u/s 420,465,467,468 and 120B


10-Apr-2023 (In Criminal Law)
I lost my parents and brother in a car accident a few years back in India. My brother was an NRI and was undergoing a court-ordered separation/intervention order of 1 year and their financial settlement was also going on for divorce. Divorce was not filed however negotiations were on for financial stuff between parties via a lawyer. My brother didn't have any property in India. He had done a will in my favor. my brother's wife filed a civil case for a declaration suit in the lower court, which I already won and now is in session court in appeal by the opposite party. She also filed a criminal complaint in Delhi court on the basis that the will was not registered but was only notarized and the notarization also happened on Sunday. Since my brother was traveling at that time for a very small time.. The notary Ist provided an affidavit to us regarding attestation of the will. later provided another affidavit to the opposite party that he didn't attest the will.
Answers (2)

Answer #1
545 votes
A Will does not require mandatory registration. In case of the FIR, opinion can be formed and provided only if there is an opportunity to peruse the FIR. Facts supplied by you do not provide any clarity.
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Answer #2
630 votes
The factual aspect needs more clarity. Two questions: 1. Has the Will been challenged. 2. What’s the status of the Criminal Case, if any filed in this matter. As far as I can understand there is a contrary Stand on part of the Notary which may be fatal in our case. Once clarity regarding facts is there, a strategy can be made. Thank You.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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