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

Detailed Legal Analysis

Yes, you can file a declaration suit to challenge the claim on your Varanasi property based on a forged will.

A declaration suit under Section 34 of the Specific Relief Act, 1963 allows an individual to seek a judicial declaration regarding their rights or status in relation to a property. In your case, you would be seeking a declaration that the purported will is forged and, hence, invalid.

Here are the steps to initiate a declaration suit regarding your property:

• Gather Evidence: Collect all relevant documents including the original property documents, the alleged forged will, and any other evidence that can support your claim of forgery.
• File a Suit: Approach the appropriate civil court in Varanasi. The jurisdiction will typically depend on the value of the property in question.
• Draft a Plaint: Prepare a plaint that includes:
  • Your details and those of the defendant (the relative claiming the property).
  • A clear statement of facts that led to the dispute.
  • Specific relief sought, i.e., a declaration that the will is forged and void.
• Pay Court Fees: Ensure the requisite court fees are paid, which will depend on the valuation of the property.
• Serve Notice: Once the plaint is filed, serve a summons to the defendant, informing them about the suit.
• Attend Hearings: Be prepared for court hearings where evidence will be presented, and witnesses may be called.
• Obtain Judgment: After the hearings, the court will issue a judgment. If you win, the court will declare the will as forged and your ownership over the property will be reaffirmed.
• Consider Appeal (if necessary): If the outcome is not in your favor, you have the right to appeal to the appropriate higher court under Order XLI of the Code of Civil Procedure, 1908.

Additionally, you may also consider filing a criminal case for forgery under Section 463 of the Indian Penal Code, 1860, which pertains to the definition of forgery. This may provide further legal avenues to address the fraudulent actions of the relative.

It’s advisable to consult a legal professional to navigate the complexities of the legal process effectively.