If you are stuck in such a situation, here is what to do.

This case involves Ms. Anjali from Jabalpur, whose family is embroiled in a complex property dispute following her father’s death. The issue revolves around a suspicious, unregistered will produced by her brother, Rohan, which seeks to disinherit her and her sister from their rightful share in the family property.

The story begins with their paternal grandfather, Mr. Lal, who passed away around 2010 without leaving a will. He was survived by his three children: Mr. Sharma (Anjali’s father), Mr. Verma (her uncle), and Mrs. Gupta (her aunt). Mrs. Gupta formally relinquished her share in the property by signing a No Objection Certificate (NOC). Consequently, the entire ancestral property was divided between the two brothers, Mr. Sharma and Mr. Verma.

Recently, Anjali’s father, Mr. Sharma, passed away. Following his death, her brother Rohan revealed that their father had made a will. According to this will, the entire property was bequeathed to Rohan, leaving nothing for Anjali and her sister. Rohan claimed that their father had signed this will, and interestingly, he had made Anjali and her sister sign the document as witnesses. Anjali recalls signing a document at home at her brother’s request but insists she was unaware of its nature and did not read its contents, believing it was for a different purpose. The will in question is not registered. When Anjali demanded her rightful share in the property, Rohan used this will to deny her claim, stating she has no rights.

Advice in such cases

• Gather all relevant documents, including the death certificates of your grandfather and father, property ownership papers (title deeds, mutation records), and any documents related to the family settlement.
• Determine the nature of the property. If the property inherited by your father from your grandfather was ancestral, he could not have willed it away entirely, as you, your sister, and your brother have a right to it by birth. If it was his self-acquired property, he could will it to anyone, but the will’s validity can still be challenged.
• Send a legal notice to your brother through a lawyer, formally asserting your claim to a share in the property and challenging the validity of the will.
• File a suit for partition in the appropriate civil court to claim your share. In the same suit, you must seek a declaration that the will is null and void on grounds of fraud, misrepresentation, and undue influence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

• The Hindu Succession Act, 1956: This Act governs the succession and inheritance of property for Hindus. As per the 2005 amendment, daughters have an equal right to ancestral property as sons. If the property is ancestral, you have a right by birth which cannot be defeated by a will.
• The Indian Succession Act, 1925: This Act lays down the rules for the execution of wills. Section 63 mandates that a will must be signed by the testator and attested by at least two witnesses who saw the testator sign. The circumstances under which you and your sister signed as witnesses without knowledge can be a strong ground for challenge.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If you can prove that the will was created with dishonest intent or that your father’s signatures were forged, provisions related to forgery (Section 333) and forgery for the purpose of cheating (Section 335) may apply.
• The Registration Act, 1908: While the registration of a will is not mandatory, an unregistered will, especially when created under suspicious circumstances, carries less evidentiary weight compared to a registered one.

If you are the complainant

• File a comprehensive civil suit for partition, declaration, and permanent injunction. The injunction is crucial to prevent your brother from selling or creating any third-party rights over the property while the case is pending.
• In your suit, clearly state the facts regarding how your signature was obtained on the will under misrepresentation.
• If there is credible evidence of forgery or coercion, you can also file a criminal complaint (FIR) with the police. This can put pressure on the opposing party.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Immediately cease all communication where you might be pressured to sign further documents. Do not sign any family settlement papers, NOCs, or bank forms without legal advice.
• Gather and secure all possible evidence. This includes property papers you may have, and records of any communication with your brother about the will or property.
• Contact other family members who can testify about your father’s state of mind and his relationship with his children, which might help prove that disinheriting you was unnatural and unlikely.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Property disputes are primarily considered civil matters. The police are often hesitant to register an FIR and may direct you to approach the civil court. They will typically intervene only if there is a clear and prima facie criminal offense, such as forgery, criminal intimidation, or cheating. If you allege forgery of your father’s signature, the police may register a complaint and send the document for forensic examination by a handwriting expert, but they will still advise that the main dispute over the property share must be decided by a civil court.

FAQs people normally have

What evidence is required?

• Proof of Relationship: Birth certificates and other government documents to establish the family tree.
• Property Documents: The original sale deed, mutation records, and any partition deeds to prove ownership and the nature of the property (ancestral or self-acquired).
• The Disputed Will: The original will is the primary piece of evidence to be examined by the court.
• Witness Testimony: Your testimony, your sister’s testimony, and that of any other relatives or persons aware of the circumstances surrounding the creation of the will.
• Evidence of Fraud/Undue Influence: Any proof that your father was not in a sound state of mind or was under the influence of your brother when the will was allegedly signed. The fact that the main beneficiary (your brother) was actively involved in making the will is a major suspicious circumstance.

How long will the investigation take?

Civil litigation in India, especially for property partition suits, is a lengthy process. A contested suit can take anywhere from 5 to 15 years to be resolved by the trial court, and this can be further prolonged by appeals to the High Court and Supreme Court. A criminal investigation, if initiated, may move faster, but the court trial will also take its own time. Patience and persistence are key in such matters.

Advocate Sudhir Rao, Supreme Court of India