My mother filed a case against my uncle for partion of her mothers property.My grand mother was suffered from paralysis of her left side her left thumb was not working. now the case in trail stage my uncle produced a will as a evidence in favour of him,but my mother objects that will is fake one it is not my mother siganature the signature differs from page to page, and in that will finger print of my grand mother in the second page where the identity of the person will be written,indicated as right index finger ,and one witness also admitted that my grand mother had fixed right index finger only and other witness admitted he had not gone to register office he signed only in the house ,so they summoned registrar during the cross examination the registrar produced registar office register records show it is left index finger (and they given note in the bottom of the page of that record says her left thumb was not working so left index finger impression marked),and he giving evidence that in will also she had given left index finger only but my assistant had wrongly written as right index finger so it might be mistake of registar office .our advocate cross examined him and he admits he had not verified both will & records and also not verified what his assistant wrriten in the will. now is there any law or some points will and register office records should be same or even if it differs the will will be valid or if there any legal points to favour my mother side.
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1) there are suspicious circumstances surrounding will
2) if mother left index finger was not working due to paralysis she could not have affixed left index mark
3) there should not be material contradictions between will and entries in register office
4) if any will had been made by grand mother why was uncle silent for so many years and waited for caseto reach trial stage and then produce will
1. The registrar's office only records which is done beofre it.If it is wrongly recorded then it will remain so and since the officials have no personal knowledge they can not say what is correct or what is wrong except what is recorded in their office.
2. Howeevr this anomaly would favour your case if you challenge the validity of the Will.
3. Take the plea of mental unfitness of your mother also to invalidate the Will as making of Will in sickness is not valid.
Since there is discrepancy in the evidence of your uncle and registrar office the will is shrouded in suspicion, hence it may not be held as proved by the court. Be that as it may, without perusing the evidence it is not possible to find judicial precedents. Leave this to your lawyer who has had the privilege of having perused the entire file.
If the will is under dispute then a probate petitioin for getting an order for probating the will may be filed before the court competent.
The will canot be probated by the court which is holding the partition suit, if the court court is not a district
