will. The registration of the will with sub-registrar does not
amount to prove the will as no witness examined to prove the
thumb impression ... about the earlier will dated 02.01.1997 and without production
of the earlier registered will definitely comes to the conclusion that
will in disputed is manipulated
Will in question. First, that the Will in question
was not executed by Late Sh. Rati Ram and it is a forged
Will. Second, Late ... upon the defendants. If defendants will succeed in
establishing the Will in question, then the onus to prove the
forgery will shift upon the plaintiff
with respect to the maintainability of a criminal case
alleging forgery of a Will, while the probate case is pending. It is submitted that ... lodged not only in regard to forgery of the Will
but also on the cause of action of a trespass. Appellant admittedly
is facing trial
Advocate for accused persons also submitted
that the allegations of forgery of Will are mere speculations.
8. Ld. Trial Court dismissed the application filed ... granted to them in any manner.
Merely because an allegation regarding forgery of will has been
made in the application filed by the complainant under
that their
respective Will was "the first and last Will" and it is so mentioned in both
the Wills.
11. It is urged ... there is not one Will but two Wills
in question, both of which claim to be the 'first Will' and facts as regards
thumb impressions on Will demolish the alleged
theory of forgery of the Will. Respondent admittedly was not knowing
Mundi language, then how she could ... cross examination cannot be taken as sufficient to presume
the forgery of the Will. Otherwise also, only signatures of testator on the
Will are said
Moreover respondents in their objections have raised only ground of forgery of
the Will and not alleged any use of force, pressure or undue influence ... opening form through finger print expert to prove defence of
forgery of the Will and to show that the thumb impression on Will
collusion with each other in forging the said will dated 08.09.1994 and
in fact sign of the mother of the plaintiffs are forged which fact ... that defendants no.2 to 4 have
committed an offence of forgery of Will as the defendant no. 2 to 4 are
the beneficiaries
Evidence Act, it was the onus of plaintiff to prove forgery of the
Will, which he failed.
11. Ld. Counsels for plaintiff, defendant ... Will that the plaintiffs could lead evidence to prove forgery or
fabrication of the Will.
15.10. Now, it needs to be examined as to whether
represents himself as
another person, Section 416 IPC will be attracted.
FORGERY
10. Section 463 to 477A of the IPC deals with the offences
relating ... person not in control of his
senses.
13. Section 467 (forgery of valuable security, will etc.),
Section 468 (forgery for purpose of cheating) and Section
