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Guidance required on the Property Dispute and Legal Proceedings
09-Jun-2026 (In Property Law)
My father died intestate but my father's sister (my aunt) had made fraud documents/will Gift deed and etc stating that my father transfer the property in her name which is false and she has made fraud documents so that she will claim all the property, she has acquired everything like movable and immovable property of my father and now she is threatening us that she will not give us anything, we do not have any document of the property so we are confused that whether we can file the case.
If the will, gift deed or other transfer documents are forged or fraudulently created, you may challenge them in court and seek recovery of your rightful share in your father's movable and immovable assets.
I can help you assess the facts, obtain property records, and take appropriate civil and criminal legal action against the fraudulent documents.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Dear Sir/Madam,
If your father died intestate, his legal heirs may have a lawful claim over his estate. If the alleged Will, Gift Deed, or other documents are forged or fraudulent, the same can be challenged before the competent court and appropriate civil and criminal proceedings may be initiated. Even if you do not possess the property documents, certified copies can be obtained from the concerned authorities. Accordingly, you may have a valid cause of action subject to verification of facts and documents.
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Adv. Devashish Dilip Wani
Mumbai | 25+ Answers
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You can file a case, but the first step is to collect information and documents relating to your father's properties. If the alleged Will, Gift Deed or transfer documents are forged or obtained fraudulently, they can be challenged before the competent Civil Court. You may also seek certified copies of registered documents from the Sub-Registrar's Office and obtain property records from the revenue/municipal authorities. If your father died intestate, his legal heirs ordinarily acquire succession rights in his estate, subject to the nature of the property and personal law applicable. If there is evidence of forgery, impersonation or fabrication of documents, criminal remedies may also be available. Please reply with all available details regarding the properties, date of death, legal heirship and any documents in your possession so that appropriate proceedings can be advised upon and initiated without delay.
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Adv. Siddhesh Bhosle
Mumbai | 25+ Answers
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If your father died intestate and you are a Class-I legal heir, you can certainly file a case even if the property documents are presently not in your possession. If you suspect that your aunt has created a forged Will, Gift Deed, or any other document, you may challenge those documents before the competent Civil Court and also seek criminal action for forgery, cheating, and fabrication of documents if evidence supports the allegation.
Immediately obtain property records from the Sub-Registrar Office, Revenue Department, Municipal Authority, and Encumbrance Certificate records. Apply for your father’s death certificate and legal heir certificate. You may file a suit for declaration, partition, injunction, and recovery of possession, along with an application to restrain any further sale or transfer of the property.
Do not delay. Collect all available records and consult a local property lawyer to verify the authenticity of the alleged documents and initiate appropriate civil and criminal proceedings.
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Adv. Vinod Todiwan
Navi Mumbai | 5+ Answers
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If probate proceedings are already filed- You should file your objections/caveat in the same court where the probate petition has been filed. The probate court will then decide the validity of the Will.
You can also file a civil suit seeking declaration that the Will is invalid, forged, or not binding.
Partition of the estate and Other consequential reliefs.
Also, file a caveat if probate proceedings are not filed yet, so that when a probate petition is filed, you can challenge the Will once probate proceedings are initiated.
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Adv. Shriya Mehta
Mumbai | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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