A relative claims my Purnia property by a forged will; can I file a declaration suit?
KA Asked by Kavita Joshi from India
Quick Answer
You can file a suit for declaration of title and cancellation of the forged will before the civil court in Purnia, 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 Purnia, 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 Patna High Court.
Bihar Rent Control Act 2017 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.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.