One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X’s girlfriend’s family owned an ancestral property in City A. The property originally belonged to her grandmother who had two children – Mr. X’s girlfriend’s father and Mr. Y (uncle). When the grandmother passed away in the DD/MM/YYYY, the property was transferred to Mr. Y’s name. After Mr. Y’s death in DD/MM/YYYY, the property went to his wife Mrs. Z. The property was later redeveloped under a slum rehabilitation scheme, and the family was entitled to receive new flats. However, Mrs. Z’s son Mr. A secretly created a new will excluding other family members from their rightful inheritance. When the redeveloped flats were ready for possession, Mr. X discovered that according to the new will, they had no claim to the property, despite being legal heirs to the ancestral property.

Advice in Such Cases

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 to 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.

• Challenge the validity of the secret will in court immediately
• Gather all original property documents and previous wills
• Document your rightful claim as legal heir to ancestral property

Applicable Sections of Law

This case involves multiple legal provisions under the Bharatiya Nyaya Sanhita (BNS) and succession laws. Section 318 of BNS deals with cheating and dishonestly inducing delivery of property. Section 340 covers wrongful restraint of property. Under the Indian Succession Act, 1925, Sections 63-68 govern the execution and validity of wills. The Hindu Succession Act, 1956, particularly Section 8, defines the order of succession for ancestral property. BNSS Section 154 allows filing complaints for property disputes, while Section 173 covers investigation procedures for fraud-related property matters.

If You Are the Complainant

• File a complaint under Section 318 BNS for cheating and fraudulent property transfer
• Submit a civil suit challenging the validity of the secretly created will
• Provide documentary evidence of your legal heirship to the ancestral property
• Request temporary injunction to prevent any further property transactions
• Maintain detailed records of all property-related communications and documents

If You Are the Victim

• Immediately approach the civil court with a suit for declaration of rightful ownership
• File a criminal complaint for cheating and criminal breach of trust
• Secure certified copies of all property documents from sub-registrar office
• Obtain legal opinion on the validity of the contested will from property law experts
• Document any attempts at coercion or undue influence in will creation

How the Police Behave in Such Cases

Police typically treat property inheritance disputes as civil matters initially and may be reluctant to register FIR. They often suggest approaching civil court first. However, when criminal elements like forgery, cheating, or criminal breach of trust are evident, police investigation becomes mandatory. Officers usually require substantial documentary evidence before proceeding with investigation and may recommend mediation between family members.

FAQs People Normally Have

Can ancestral property be willed away without heirs’ consent? Ancestral property cannot be completely willed away by one person without considering other legal heirs’ rights.

How long do I have to challenge a fraudulent will? There’s no specific limitation period for challenging fraudulent wills, but prompt action strengthens your case.

What if the property has already been sold? Even if sold, fraudulent transactions can be challenged and reversed through court orders.

Can police investigate property fraud cases? Yes, when criminal elements are involved, police must investigate under relevant BNS sections.

What Evidence Is Required?

• Original property documents and chain of title
• Death certificates of all deceased family members
• Previous wills or succession certificates
• Bank records showing property-related transactions
• Witness statements regarding will creation circumstances
• Expert handwriting analysis if will authenticity is questioned
• Registration documents from housing authority for redeveloped property

How Long Will the Investigation Take?

Property fraud investigations typically take 6-12 months for police inquiry completion. Civil court proceedings for will validity can extend 2-3 years depending on case complexity. If criminal charges are filed, trial proceedings may take an additional 1-2 years. Urgent interim relief applications are usually decided within 2-3 months.

Advocate Sudhir Rao, Supreme Court of India