TESTAMENTARY : WILL OF MY LATE FATHER IS CHALLENGED BY MY BROTHER
Situation : My father made a will on my name of the flat, now my elder brother has challenged it. It has converted in to testamentary suit. My cross is over. Society is having copy of the will and letter from my father. One witness also came and said that she has signed the will as witness. My brother has put that the will is forger and signature on the will is not matching with the sign with other so called documents. His cross is going to happen. He has also generated signature vary report from one signature expert. What shall I do now? According to Indian law onus is on whom to prove the will is genuine or fabricated.
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It's for the propounder to prove that will is genuine.
If there is a doubt about the genuineness of a will, the burden of proof that it has been validly executed and that is a genuine document is on the propounder, the Supreme Court has held. Please visit the following link:
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