A relative claims my Ajmer property by a forged will; can I file a declaration suit?

Detailed Legal Analysis

Yes, you can file a declaration suit to contest the claim made by a relative based on a forged will in Ajmer.

Under Indian law, the rightful owner of a property can initiate a suit for declaration to assert their title against any adverse claims, including those based on forged documents. The relevant provisions governing such actions are found in the Code of Civil Procedure, 1908 (CPC) and the Indian Succession Act, 1925.

Here are the steps and requirements to file a declaration suit:

• Determine Jurisdiction: Ensure that the suit is filed in the appropriate civil court in Ajmer, which has jurisdiction over the matter. Generally, this would be at the district level.
• Gather Evidence: Collect all necessary evidence to support your claim that the will is forged. This may include:
  • Original documents related to the property.
  • Testimonies from witnesses who can confirm the authenticity of the original will (if one exists).
  • Expert opinions regarding the handwriting or signatures on the purported forged will.
• Drafting the Plaint: Prepare a plaint that includes:
  • Details of the property and your relationship to it.
  • An assertion that the will in question is forged, along with supporting facts.
  • Your prayer for a declaration that you are the rightful owner of the property.
• Filing the Suit: File the plaint along with the required court fees in the civil court. Ensure that you comply with the procedural requirements of CPC, particularly Order VII which outlines the particulars of the plaint.
• Service of Summons: After filing, the court will issue summons to the defendant (the relative claiming the property) to appear and respond to your suit.
• Trial Process: Participate in the trial where both parties will present their evidence and arguments. The court will examine the validity of the will and your claims.

Relevant Laws:

• Code of Civil Procedure, 1908: Sections 34, 35, and Order VII for suits for declaration.
• Indian Succession Act, 1925: Section 63 outlines the requirements for a valid will, which can be cited to argue the invalidity of the forged document.

Once the court reaches a decision based on the evidence presented, it will issue a decree declaring your rightful ownership of the property or uphold the claim based on the will.