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fake will and property transferred into my grandmother's name


12-Dec-2023 (In Property Law)
there has been one more will apart from my grandfather's registered will made by my grandmother who is just a housewife and got it registered as well by bribing lawyer and sub registrar and property has been transferred from my grandfather's name to my grandmother's name for the entire building . My father is mentally ill and my grandfather in his will has directly made me the owner when i was 3 years of age stating that i get first floor and half of second floor. he has also said that no changes shall be made during my minority . but my grandmother has created a fake will declaration where she has claimed that my grandfather has given written instructions to change the will which is false and i have also not seen any written instructions given by him and she has got it transferred into her name . now does court partition the property if i file section 471 or it just punishes my grandmother for fake documents?
Answers (3)

Answer #1
668 votes
In Criminal case, he will be punished only.
If you want partition, then a civil suit has to be filed. Have read your case. If you happen to be in Bangalore, we can help you with this. Get back to us if you want to continue with us.
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Answer #2
992 votes
I do not suggest you to go for any criminal case against your grandmother, instead you focus on filing a civil suit questioning the validity of the will which you feel is fake, and ask the courts direction to partition the property as per the registered will of your father.
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Answer #3
922 votes
A person is only punished if found guilty under section 471 of IPC. You will have to file a separate suit for partition if you want to seek for partition. However if the property is self acquired property of your grandfather and your grandfather has executed the a registered the last will in favour of your grandmother then you cannot seek for a partition. It also depends on what exactly is written in the last will executed by your grandfather.
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