Contesting Probate of forged will

[ANIL SINGHAL]

My brother in law have gone with probate petition for shares in 2 companies with forged will . Though they had written nothing to my wife in future but only 2 self acquired properties that is shares in two companies . They have intentionally never disclosed any property though we know about 2 properties which were in her father name .
How shall we go about .. contest this will on ground of forgery ( document examiner report with us ) and ask court to ask them to declare all assets of deceased including his income tax and last wealth tax statement . It seems they have gone for part probate .are they now liable to declare all his assets if we ask about it ? Or shall we ask court to appoint administrator for all properties of deceased not declared by them .
Cleverly they have not declared that it is last will which is must as per section 276 . But since will attached says it is first and last will so it is implied that this is last will .
What is best way for us to proceed now considering they are not afraid of forgery of any kind . As per this will even if we are not able to prove it is fraud .. though we are confident it will be proved .. now we are entitled for our share in all other properties which are not disclosed to us . How shall we proceed now.

[Dr. Ashok Dhamija]

If you feel that the will is forged, then naturally you’ll have to contest it and show that it is a forged will.

If your father-in-law had more than one properties (as you claim), then it is possible to have different will for different property. Moreover, since your wife is also a legal heir, she should also know about other properties of her father. If she knows about other properties of her father and no will has been claimed or produced for such other properties, who has stopped her from initiating proceedings for obtaining succession certificate in respect of such properties?

Usually, every will may mention that it is the last will (in respect of the properties mentioned therein) since at the time of its preparation it would have been the last will. If you believe that it is not the last will, then you (or other interested parties) have to produce a subsequent will which might have superseded the said so-called last will. In the absence of any subsequent will being produced, such will may be accepted as the last will if found to be genuine.

Naturally, if you are not able to show that the will is fraudulent or forged, it may be accepted as genuine.

As I have already mentioned, if there is no will in respect of some properties, you may initiate proceedings for obtaining succession certificate in respect of the same. You need not wait for others to produce will in respect of such properties. If someone has a will in respect of those properties, he or she would object to such proceedings and would produce the relevant will, if any. This is what is I think.

It may be advisable for you to engage some lawyer to help you in court proceedings in view of complications suspected by you in these issues.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[ANIL SINGHAL]

Sir ,
I have noted your advice seriously and I have fixed lawyer at Alwar for contesting probate and for stating partition suit at jaipur – I am in touch with a lawyer too..with two properties known to me which was in her father’s name . There may be another 3 to 4 or even more which I am trying to find from various subregisrar of properties office . I am trying to find how I can get income tax and last wealth tax details . I hope my lawyer at jaipur will be able to help him as various govt offices of Rajasthan are in jaipur . Once again thanks for your valuable advice .

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