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Legal Procedure in case legal heirs fraudulently tries to take shares
31-Oct-2023 (In Family Law)
Our maternal grandparents expired 6 years ago. Our mother had expired before the demise of our grand parents. The other legal heirs (mama and masi - our mother's brother and sister) tried to deny our share (me and my sibling) in any of our grandparents' assets by producing a Phony Will during the last stages of their lives in a hospital ICU. However, they felt that the given Will be challenged and decided not to probate the same. Most of my grandparents assets were frozen for several years. Now, they have submitted a transfer request for the flat owned by my grandparents without any will, however, they are still hell bent on denying our share in the same. We (I and my sibling) stay overseas now and strongly believe that they (other legal heirs) will file for a Succession Certificate for the said flat WITHOUT including our names. We cannot keep scanning the local newspapers for a relevant advert to join them as respondents. Please advise.
According to the Hindu Succession Act, you being the children of pre-deceased daughter of your grand parents, you are entitled to a share in their property. Now if the will that they have is a fraudulent will, then yes, you are right, the opposite party will not probate it since they run the risk of the will getting challenged. You are left with two options, first is to file a caveat in the court having the jurisdiction and/or file a suit for partition.
In the suit for partition, you will have to establish your share in the property. In such a suit, the opposite party is bound to produce the will.
In the suit for partition, you will have to establish your share in the property. In such a suit, the opposite party is bound to produce the will.
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