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Declaration Suit for Legal heir right wifes father died intestate


23-Aug-2023 (In Property Law)
My wife's father died intestate in august 2016.. However when she filed case for transmission of Shares held by him in pvt ltd company owned by him as one of Director and shareholder, her brothers who were other Directors/Shareholders in these pvt ltd co came up with forged will. Signatures on this will has been got examined by her by comparing with his admitted signatures and report says they are forged. She has moved application under 340 CrPC. Meanwhile she wants to file petition in civil court Declaring her as Legal heir with right to succession of properties in name of her Late father. She is of the opinion that since her brothers has not gone for probate of that forged will till date ,knowing fully well we have solid proof of forgery they may not produce this forged will in civil court. And if they produce we can ask for original will submission having forged sign in original in court and comparison of hand writing by expert. What suit shall she file now ?
Answers (1)

Answer #1
735 votes
In given facts of the case you can go for suit of partition of movable as well as immovable property.if your brother take shelter of will in that proceeding than you have right to chalange the validity of that will.

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