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Property details are wrong in a will obtained by deception


05-Apr-2023 (In Wills / Trusts Law)
Sir/ madam We are 4 brothers,i am elder one .one day my family members asked my father to share his property among my brothers except to me, so they forced my father to put his thumbprint on a will which is designed by my siblings making one of my brother as benificiary.... and remaing two are witnesses... ( their plan is that in future they want to create a sale deed on that property as if one brother sold that property to remaining other two brothers) .while my brothers are designing that will unknowingly they had included some extra portion of land from our neighbours ... my father was against that will and that type of sharing... my father is uneducated so by decieving him my brothers succeded in keeping his thumbprint over that will ..After 10 yrs of death of my father now they executed their plan. Will is unregistered My question is A) since there is mistake in property schedule is the will valid?please help me how to get my share
Answers (1)

Answer #1
935 votes
After going through your facts, this is a perfect case of criminal breach of trust and cheating. You will have to immediately lodge a police complaint if cognizance is not taken then private criminal case simultaneously you will also have to file civil suit for cancellation of so called will was obtained by fraud and also will have to inform the revenue authority in writing stating the said facts requesting them not to register your brothers name into property extracts.

In this case delay in initiating legal action is always harmful so proceed immediately.

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