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What to be done in order to prove the will is fabricated
22-Jul-2023 (In Property Law)
Sir iam Afreen married muslim . my father mother expired in 2008 my father had some property my brother's saying father written a will tat only my 3 brothers to take property. I want to file a suit but how to prove tat will was fake if my father's signature also as it is fabricated how to prove sir plz help me my father also illiterate but he will sign his name .. iam sure 100% my father did not written will .. untill his last breath he has shared all every single matter to me .. 100 % not written will .. plz help he how to prove
Hello madam is that Will got registered or unregistered.You immediately how a suit for cancellation of the Will. If it's not genuine Will then you are legally entitled to file a civil suit and can enforce your legal rights..
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at the first instance you see that legal notice is issued claiming partition of the properties held by your father. as per per the law you are entitled for 1/7th share and whereas your brothers are entitled for 2/7th share each. in case if your brothers sends reply claiming the property under alleged Will, then you file a suit for partition and separate possession of the property as stated above and also seek the relief of claiming that alleged will is forged and fabricated and is not binding on you. your brothers have to prove the geniuness of the alleged will
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Adv. M Shivashekar
Secunderabad | 25+ Answers
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usually even though the will is there the partition in muslim community is decided by birth basing upon shareres and residuaries and after partition of such property after which decided upon birth the remaining property can be devolved upon the will and if the will is found fabricated you can file suit for partition basing on the above proprosition and need to be proved in court of law
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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