The Legal Battle For Ms. R’s Legacy – Case Study

Background

This case focuses on the Legal Battle For Ms. R. Ms. R, an ill lady, was living alone in her flat at XYZ Apartment complex. Her caretaker, referred to as ‘C’, looked after her. Upon her death, her body was unclaimed by any legal heir or well-wisher until a neighbor volunteered to take responsibility for her cremation, obtaining official permission from the police. However, ‘C’ acquired her body and performed the cremation according to Hindu rituals, despite being a Muslim.

Facts

Role of ‘C’:

• ‘C’ claimed to be the sole executor of Ms. R’s Last Will and Testament.
• He stated he was responsible for her property, the flat in the XYZ Apartment complex.
• ‘C’ filed an application under Section 276 of the Indian Succession Act, 1925, seeking Probate for the Last Will and Testament.
• According to Section 211 of the Indian Succession Act, he asserted his status as the legal representative of the deceased.

Conflict with Neighbors:

• During ‘C’s absence, neighbours allegedly broke into Ms. R’s flat, changed the lock, and deprived ‘C’ of access.
• Upon confronting the neighbours, ‘C’ claimed he was threatened and, fearing for his life due to his different faith, fled the scene.
• ‘C’ alleged that his valuables and important documents were inside the flat, causing him significant damages and irreparable loss.
• He also accused the neighbours of attempting to create third-party interest in the flat.

Allegations and Legal Actions

1. Investigation by Kshetry Foundation:

• A social worker from the Kshetry Foundation discovered the incident and launched an investigation.
• It was alleged that ‘C’, impersonating a bank staff member, initially gained access to Ms. R’s house and frequently visited her, eventually becoming her caretaker.
• ‘C’ allegedly intended to acquire her movable and immovable property after her death wrongfully.
• It was suggested that ‘C’ forged her signature to create a fraudulent Will in her name.
• Ms. R’s death was described as occurring under mysterious circumstances.
• It was further alleged that ‘C’ had committed similar crimes before with the help of an organized gang.

2. Complaint Filed:

• The social worker filed a complaint with the police under Section 39 of the Code of Criminal Procedure, 1973.
• The charges against ‘C’ included:

Forgery: Sections 463 and 467 of the Indian Penal Code (IPC).

Criminal Intimidation: Section 503 of IPC.

Misrepresentation with Malafide Intention:

Criminal Conspiracy to Cause Wrongful Gain: Section 120A of IPC.

Conclusion

The legal battle for Ms. R involves serious allegations of forgery, criminal intimidation, misrepresentation, and conspiracy by ‘C’. The investigation and subsequent legal actions aim to uncover the truth behind Ms. R’s death and the authenticity of the Last Will and Testament. Advocate Rajesh Kshetry’s involvement highlights the importance of social work and community vigilance in addressing and preventing such fraudulent activities.

Also Read: Success Stories of Senior Advocate Rajesh Kshetry