The Game of Crores! How to Instantly Identify is the will real or fake

The division of family assets and immovable property has always been a highly sensitive and disputed topic. Many times, the head of the family legally settles his property during his lifetime. However, a major conflict arises when, after the death of the family head, a document suddenly appears out of nowhere, raising deep suspicions among the other legal heirs. In such a critical situation, the biggest and most important question that arises is is the will real or fake.

In today’s time, land mafias, greedy relatives, or anti social elements frequently attempt to take illegal possession of ancestral properties by preparing forged documents. If you are facing a similarly suspicious and stressful situation, there is absolutely no need to panic. In this highly important and professional legal blog, we will explain to you in detail how to find out is the will real or fake and exactly what legal steps you must take to get justice.

What is a Will and its Legal Basis

Under the Indian Succession Act, a testament is a legal document through which any adult and mentally sound person declares the distribution of their assets after their death. This document can be written on plain paper and can also be registered at the Sub Registrar office. However, merely being registered does not guarantee that the document is one hundred percent true. The real game lies in the circumstances behind the creation of the document and the absolute truthfulness of the attesting witnesses.

How to identify is the will real or fake?

When a person presents a testament in court or tehsil for mutation, the law does not consider it valid until it is tested on strict legal parameters. You and your advocate can check whether is the will real or fake through the following proven methods.

Witness Testimony and their Credibility

According to the law, it is mandatory to have at least two independent witnesses to make any testament legally valid. These witnesses have to certify that the testator signed or put their thumb impression on the document right in front of them.

• If the statements of the witnesses do not match each other in court, it creates a massive doubt on the document.

• If the witnesses are very close relatives of the person receiving the largest share of the property, it is legally considered a highly suspicious circumstance.

• The ultimate truth can be brought out by strictly questioning the witnesses about their profession, the exact time, and the place of writing the document.

Checking Registration at the Sub Registrar Office

If the presented document claims to be officially registered, the very first step to check its authenticity leads to the government office.

• You can personally visit the concerned Sub Registrar office and apply to get a certified copy of the document.

• If no such document is entered in the official government records of that office, it becomes crystal clear that the paperwork is entirely forged.

• The truth can also be ascertained by carefully matching the official government seal, the registration number, and the photograph of the testator attached to the back of the pages.

Mental and Physical Condition of the Testator

The law explicitly states that the testator must be completely mentally sound at the time of making the declaration.

• If the document was created right before death when the person was seriously ill or admitted to the ICU of a hospital, challenging it becomes very easy.

• You can easily prove through hospital medical records and the statements of the attending doctors that the person was absolutely not in a condition to think or understand.

• In such a medical situation, deciding is the will real or fake depends entirely on solid medical evidence.

Forensic Examination and Signature Matching

In today’s modern era, digital and forensic science have become the strongest pillars of the justice system.

• If you strongly feel that the signatures on the paper are forged, those signatures can be examined by a government or recognized forensic handwriting expert through court orders.

• The experts deeply match the signatures present on the disputed paper with the person’s old bank records, PAN card, or signatures on any other old registered document.

• If there is a thumb impression, fingerprint experts can instantly tell is the will real or fake by matching the ridges and patterns.

Suspicious Circumstances

In legal terminology, this concept is called suspicious circumstances. If the natural heirs like the wife or children have been completely evicted from the property without any solid reason, the court looks at that document with extreme suspicion. Furthermore, if the person receiving the property was playing the most active role in getting the document drafted, this is also considered a massive sign of forgery.

is the will real or fake: Important Supreme Court Judgments

The Honorable Supreme Court has established many landmark principles in such lawsuits. The apex court has made it clear that merely presenting the paper is not enough; the person presenting it has to clear all kinds of reasonable doubts. Let us look at some of the latest and most important judgments of the judiciary which act as milestones in deciding is the will real or fake.

• Meena Pradhan vs Kamala Pradhan: In this extremely important case, the Honorable Supreme Court fixed the core principles of proving a testament. The court clearly stated that the person who is claiming their right based on the document, it is entirely their legal responsibility to remove every single doubt arising in the mind of the court. If they fail to do so, the document will be declared invalid.

• Kavita Kanwar vs Pamela Mehta: This judgment is a huge lesson for those who think that merely getting a government registration proves the document true. In this matter, the paper was registered, but the daughter who was getting the maximum property played the most active role in getting it made and had evicted the other siblings without any valid reason. The Supreme Court declared even that registered document invalid based on these suspicious circumstances.

• Murthy and Others vs C. Saradambal: In this case, the court made strong remarks on the signatures of the testator and the role of the witnesses. The court stated that if the physical condition of the testator was not such that they could make clear signatures, or if there is a massive contradiction in the testimony of the witnesses, the claim can be dismissed. This judgment proves that the truthfulness of the witnesses is the most crucial factor in deciding is the will real or fake.

Your Legal Action Against a Forged Will

If you have solid evidence or a deep suspicion that the document placed before you is forged, you must take active legal steps immediately instead of sitting silently.

• Filing a Suit in Civil Court: You must immediately file a declaration suit through your advocate in the concerned civil court to get the document declared null and void.

• Obtaining a Stay Order: Along with filing the lawsuit, you must demand a permanent or temporary injunction stay order from the court to completely stop the sale, purchase, and construction work on the disputed property.

• Informing Revenue Officers: If the matter involves agricultural land or an ancestral house, file a strong objection in the court of the concerned Tehsildar or Sub Divisional Magistrate so that mutation cannot take place in someone else’s name based on the forged papers.

• Filing a Criminal Case: If it is fully proved that the document has been prepared with forged signatures or fake seals, you can also register an FIR in the police station under the serious sections of cheating and forgery like the relevant sections of the Bharatiya Nyaya Sanhita.

Conclusion

Protecting your ancestral property and your legal rights is your fundamental right. Whenever a new document surfaces in any property dispute, do not trust it blindly. Finding out is the will real or fake is not an impossible task. With the right legal knowledge, the help of forensic science, and the guidance of an experienced advocate, you can expose any fraud. The stance of the honorable courts is always in favor of justice; you just have to knock on the doors of the court at the right time with the right evidence. Always remain alert and seek professional legal advice immediately in any suspicious circumstance.

Contact Us for Legal Advice

Are you also facing a similar dispute regarding your ancestral property? Do you doubt the authenticity of a presented document and want to firmly confirm is the will real or fake? To avoid any kind of legal risk and to secure your property rights, contact our experienced legal experts today. Our team will thoroughly examine all your documents and provide you with the most accurate and effective legal strategy from the civil court to the revenue court. Contact us right now to get justice.

Frequently Asked Questions (FAQs)

• Does an unregistered will get legal recognition in court? Yes, under Indian law, the registration of this document is not mandatory. An unregistered document written on plain paper is also fully valid provided it was written and signed in front of two independent witnesses without any external pressure.

• Who bears the burden of proving is the will real or fake? According to established legal principles, the person who presents the document before the court or administration and claims the property based on it holds the entire responsibility to prove that it is absolutely genuine and meets all legal parameters.

• Can even a registered will be challenged in a civil court? It can absolutely be challenged. Mere registration cannot make a forged document real. If the testator was under extreme pressure, their mental condition was not stable, or highly suspicious circumstances are present in the drafting, the civil court can completely cancel even a registered document.

• What is the time limit to challenge a forged will? According to the law, under the Limitation Act, you must file a lawsuit to get it canceled in the concerned civil court within three years from the exact day you get the information about the document being forged. Taking timely action is highly essential.

• How are forged signatures on a will investigated? If there is a severe dispute over the signatures, the disputed document is sent to a government or certified forensic handwriting expert as per the orders of the court. The experts meticulously match the disputed signatures with the person’s old certified signatures like bank cheques or PAN cards and submit their detailed analytical report to the court.

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