A relative claims my Aurangabad 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 on your Aurangabad property based on a forged will.

Under the Indian legal framework, a declaration suit is a remedy available under Section 34 of the Specific Relief Act, 1963. This allows a person to seek a declaration of their rights when they feel aggrieved by the claims of another party regarding an interest in property.

Here are the steps and considerations for filing a declaration suit regarding a forged will:

• Grounds for Suit: You must establish that the will in question is forged and that you have a legitimate claim to the property. This could include evidence of:
  • Original ownership documents.
  • Witnesses who can testify to the authenticity of the prior will, if any.
  • Expert opinion on the signatures and handwriting on the contested will.
• Jurisdiction: File the suit in the appropriate civil court in Aurangabad where the property is situated. This is in accordance with Section 15 of the Code of Civil Procedure, 1908.
• Filing the Suit: Prepare the necessary documents, including:
  • Copy of the forged will.
  • Your ownership documents.
  • Any correspondence or evidence relating to the claim.
  • A plaint that outlines your case and the relief sought.
• Notice to Parties: After filing, you must serve notice to the relative who claims the property under the forged will.
• Burden of Proof: In this suit, the burden of proof lies on you to demonstrate that the will is forged and that your claim is valid, as per Section 101 of the Evidence Act, 1872.
• Relief Sought: You can seek a declaration from the court that the will is null and void and that you are the rightful owner of the property.

Additionally, if you believe that the forged will has been used to commit fraud, you may also consider filing a complaint under Section 463 of the Indian Penal Code (IPC) for forgery, which can lead to criminal proceedings against the relative.

It is advisable to consult a legal professional specializing in property law to navigate the complexities of such cases effectively.