A relative claims my Noida property by a forged will; can I file a declaration suit?
KA Asked by Karthik Subramaniam from India
Quick Answer
You can file a suit for declaration of title and cancellation of the forged will before the civil court in Noida, seeking a decree that you are the lawful owner and the will is void.
Detailed Legal Analysis
You can file a suit for declaration of title and cancellation of the forged will before the civil court in Noida, seeking a decree that you are the lawful owner and the will is void. The suit should annex your title documents, the will's alleged defects, and evidence of forgery.
You can seek a perpetual injunction restraining the relative from interfering. The decree is appealable to Allahabad High Court.
Uttar Pradesh Rent Control Act 1972 governs succession and registration, but the court applies the Indian Succession Act or Hindu Succession Act. Burden of proving the will is on the propounder, who must show testamentary capacity and attestation.
Limitation is three years from the date of knowledge. Probate may be necessary in some jurisdictions.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.