Protecting Against Fake Wills or Forged Wills in India

Inheriting property or assets is often an emotional journey, but disputes involving a fake will or a forged will can complicate the process. These fraudulent documents not only disrupt families but also lead to prolonged legal battles. Understanding how to identify, address, and prevent such issues is crucial in protecting your legacy and rights.

Why Are Fake Wills or Forged Wills Created?

The creation of fake wills often stems from personal motives, including:

• Disinheriting rightful heirs: Individuals not legally entitled to the estate may forge a will to exclude legitimate heirs.
• Influencing inheritance: Vulnerable testators may be coerced into altering their wills in favor of certain parties.
• Personal gain: Caretakers, distant relatives, or acquaintances may fabricate wills to unlawfully claim assets.

How to Spot a Fake Will or a Forged Will

While identifying a fake or forged will can be challenging, certain signs often raise suspicion:

1. Inconsistent Signatures: Any variation in the signature compared to known authentic signatures is a red flag.
2. Unusual Content: Provisions that significantly deviate from the testator’s known intentions may indicate forgery.
3. Suspicious Timing: Wills executed shortly before the testator’s passing, especially under questionable circumstances, should be scrutinised.
4. Lack of Witnesses: A valid will requires two witnesses under Section 63 of the Indian Succession Act, 1925. Their absence or questionable identity is concerning.
5. Tampered Documents: Alterations, erased portions, or mismatched handwriting could signify forgery.

Legal Framework for Handling Fake Wills in India

Indian law provides robust remedies against forging a will, including:

• Indian Penal Code (IPC):
  • Section 463: Defines forgery.
  • Section 468: Penalises forgery for cheating with up to seven years of imprisonment and fines.
  • Section 467: Addresses forgery of valuable security or wills, with severe penalties.
• Indian Succession Act, 1925: Section 63 outlines the requirements for a valid will, including the testator’s signature and witness attestation.

Judicial Precedents on Fake Wills

Indian courts have consistently emphasised the need for vigilance against forgery:

• H. Venkatachala Iyengar vs. B.N. Thimmajamma (1959): This landmark judgment laid down guidelines for examining suspicious wills, placing the burden of proof on the person presenting the will.
• Narinder Singh Rao vs. Avm Mahinder Singh (2013): The Supreme Court ruled that suspicious circumstances alone could invalidate a will and underscored the importance of forensic and legal scrutiny.

How to Protect Yourself from Fake Wills

1. Drafting with Legal Experts: Always consult experienced lawyers to draft a clear and enforceable will.
2. Registering the Will: Although not mandatory, registration adds authenticity and legal weight.
3. Forensic Analysis: In cases of dispute, handwriting experts can verify the authenticity of signatures and content.
4. Safe Custody: Store the original will in secure locations, such as a bank locker, and inform your executor.

Steps to Take If You Suspect a Forged Will

1. Seek Legal Advice: Contact a lawyer specialising in inheritance disputes to assess the situation.
2. File a Complaint: Lodge an FIR under relevant IPC sections to initiate criminal proceedings.
3. Probate Application: Request probate from the court to validate the will’s authenticity.
4. Challenge the Will: Present evidence, such as expert reports, to contest the validity of the fake will.

The Role of LawCrust in Inheritance Disputes

If you’re dealing with disputes over a fake will or a forged will, LawCrust Legal Consulting Services is here to assist you. As a leading LawCrust Global Consulting Ltd firm in India, we specialise in inheritance, estate planning, and probate matters. With expertise spanning cities like Mumbai, Thane, Kolkata, Bangalore, Delhi, and international hubs like Dubai, LawCrust provides:

• Litigation Finance & Management
• Legal Protection
• NRI Legal Services
• Estate and Inheritance Solutions

Our experienced lawyers and panel of legal experts ensure your case is handled with the utmost professionalism.

Call Now: +91 8097842911 | Email: bo@lawcrust.com

Outlook on Preventing Fake Wills

Addressing the issue of fake wills or forged wills requires a combination of awareness, legal safeguards, and expert guidance. By staying vigilant and leveraging professional support, you can ensure that your legacy is protected and your loved ones receive their rightful inheritance.