Legal Question in Real Estate Law in India

can i file partition suit for my real unmarried deceased chachaji's ancestral property.what if the contested mutation case is already running before SDM for the chachaji's property.can i get stay on land even if the case is running before SDM.one more thing i want to mention here that deceased unmarried chachaji has not preapred any registered or unregistered will.this is 100% confermed.now my tayaji's son has presented a fake unregistered WILL with chachaji's fake signature on WILL with two witness.he prepared this WIll after chachajis death's 2 days after.this is conferemed.me and my tayaji's son in question has does all the cremation and final prayer that means 'BHOG' by jointly.one more thing my chachaji were three brothers that means my father,my chachaji and my tayaji(my father's elder brother)my father and my tayaji died before my chachaji.will the SDM have power to decide on the basis of fake hand written WILL just to grab all the propery of my chachaji on the basis of that WILL.please help .and advice what is better to do for me.

Asked on 7/10/13, 11:20 pm

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dear client.............

No SDm Does not have any power , the case shall be refered to civil court.......

you can file a objection on the WILL and say its fordged WILL ........ for any query mail me at [email protected]

Answered on 7/11/13, 12:46 am

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11.07.2013

Dear Sir / Madam,

The Special District Magistrate is bestowed with the power to decide in the matter. You can always challenge the Will before the SDM in Court.

Regards,

Answered on 7/11/13, 1:24 am

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