How to corroborate an Executed will?
2 years ago
I am 63 years old lady Named: Krishna
My mother before her marriage way back in the 1930s Named Ganga.
Her(Ganga's) Mother(my maternal grandmother) gave her all her property as she was the only child in the 1960s.
Which makes the property self-acquired property for Ganga. the will in her favor mentions the name Ganga.
After her marriage in the 1930s, my father renamed her Lakshmi (old traditions in Rajasthan).
therefore My mother's only recent days documents like Pan card & death certificate names her as Lakshmi.
My mother executed a Will in my favor and registered it in district court 20 years before but she passed away 7 years back.
however, the mistake done by the advocate while drafting a will is the WILL which is having a name as just GANGA instead of GANGA AKA LAKSHMI.
one of my Uncles has taken objection syaing WILL in invalid and forged as her name was LAKSHMI not GANGA.
Since the property is self acquired he cant claim for partitiaion so he has found another way to challange it.
However,
the source of her self-acquired property we are referring is the will which also calls her Ganga.
The photo attached is on the Registered WILL papers can justify it's the same lady WILL is referring to.
Also, she did both the signatures as Ganga and Lakshmi on the WILL papers on all pages.
we have many affidavits from many people including some of her own children which say she was knowns with both the names in family and society.
if required we can even do a detailed forensics analysis to prove both signatures are from the same person.
Does my uncle able to prove the will is invalid on the grounds of the mistake advocate made during drafting the will. (note: will was registered in the court)
My Remedies we should take to counter my uncle he challenges us in the court?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
As soon as possible, file an affidavit declaring that the Ganga and Lakhsmi are one and the same person, and all of your issues will be solved.
Thank you very much. Please give the answer a rating.
File an affidavit as soon as possible and verification with your mothers signature stating the fact that the Ganga and Lakhsmi are one and the same person and then all your problems will be solved.
Thank you. Kindly rate the answer.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Badi hi muskil problems hai aap ko ki ek ladies ke do naam likhe gai hai. Vaise in dono naam ko aap affidavit se bhi proof kar sakte hhai.Ya phir newspaper me published karke bhi kar sakte hai. Ya phir aap ke pass is parkar ki evidence honi chahiye jaise koi public documents me uska ek naam hona chahiye. Agar aap ye sab nhi kar sakte tab aap ko court ka rasta use karna hoga. Jiske liye aap ko government ko party banate hue declaration ka case file karna hoga ki jo dono naam hai vah ek hi lady hai isliye usko in dono naam se hi jaana jae.
Cout ko aap ko evidence dikhani hogi.
Aga aap court ko satisfied kar pae tab aapka case aapke haq me decision kar degi.
It is purely depends upon oral evidence to establish that the person executed Will is the same person whose name appears in the Will. It cannot be forged or otherwise since it is aged more than 30 years as such there is a provision in Evidence Act to presume its execution as true and correct.
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