False will and fabricated record entries

In a very interesting case the share of our client in the ancestral coparcenary property of his deceased father was taken over by his brother on the basis of a false and fabricated will. The client was residing in Canada whereas the property and the client's brother were based in India. The latter threatened to alienate the land in dispute on the basis of frivolous entries made in his favour in the Revenue Records. The client had lost all hopes of recovering his property. He then contacted us for legal advice and we assured him of our best possible efforts in the case. We on behalf of our client filed a suit for declaration praying for the following reliefs:

  1. That the plaintiff be declared as the lawful owner of his share of the ancestral coparcenary property, on the basis of his birth right in such property as a coparcener.
  2. That the alleged will be declared as a fabricated document and the entries made in the Revenue records on the basis of such will be held as illegal and inoperative against the plaintiff with respect to his rights in the property in dispute.

Apart from this we also prayed for a decree for grant of permanent injunction restraining the defendant from alienating or encumbering in any manner the property in issue.

The reliefs so requested by us were granted in favour of our client. The purported will was held to be null and void and our client was declared to be the lawful owner of the property in question


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