Forged will and pending civil suit Forged will and pending civil suit

9 months ago

My father got 3 properties from the last registered will of his brother . Brother died because of covid and her daughter made a forged and unregistered will after his death which have date before his death.
The the image on the forged will is cropped from my whatsapp Dp and the signature in the will is also not of her father.
She has filed a civil suit against my father in which she has got no stay order
My father name is also on the land record on the basis of last registered will.
My question are-
1)can my father file an FIR against that forged will if the civil case is pending?
2) how can we initiate a forgery case against her in the court?

Anik

Responded 9 months ago

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A.Dear client,
Please get the expert report regarding handwriting first. This is crucial for substantiating your argument in Court. Section 45 of the Indian Evidence Act deals with this. As per section 45, When the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting [or finger impressions], the opinions upon that point of persons specially skilled in such foreign law, science or art, [or in questions as to identity of handwriting] [or finger impressions] are relevant facts. Such persons are called experts.

Please lodge a complaint for forgery under section 465 of the IPC regarding the forged will
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Kishan Dutt Kalaskar

Responded 9 months ago

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A.Dear Sir,
Yes, first you can get handwriting expert report and lodge a complaint with Police about such unregistered forged Will created by the daughter of the deceased.
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