Original will to be produced as evidence in court
My father died intestate leaving myself (son), a daughter and mother as heirs to ancestral property. My sister married in1973. My sister and mother filed suit claiming father wrote a typed written unregistered will before death with two relatives as witness three years later will contested by me as forgery. original will produced in court and kept by my sister and her husband both lawyers. Will is not marked as evidence. No witness has been examined. Will was not sent for signature verification .(my own counsel in collusion).. managed to get preliminary decree for 1/6 share for my mother and sister my private complaint for forgery was quashed because will was not marked as evidence and will was not sent for verification of admitted signature. Can I file a fresh complaint or using section 45 ask them to produce the original will for comparison with my fathers admitted signature?
Better Advise can be given only after Looking your whole File.
Till then I can only Advise you that your Sister can only have Certified Copy of the WILL., not the ORIGINAL ONE.
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Yes Sir, a fresh application under Section 45 of the Evidence Act can be filed. In Janachaitanya Housing Limited Vs. Divya Financiers1, the Court observed that "no time could be fixed for filing applications under Section 45 of the Indian Evidence Act for sending the disputed signature or writings to the handwriting expert for comparison and opinion and same shall be left open to the discretion of the Court; for exercising such discretion when exigencies so demand, depending upon the facts and circumstances of each case" Thus you must prove that if fresh application if not instituted then it will be of grave injustice to you. If the court is convinced with your arguments it will order a fresh application under 45.
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