India | Wills and Trusts
Legal Question
My wife's aunt died intestate. Her husband died earlier and they had no children. There is a flat in the name of Aunt. Aunt is survived by children of her brothers (2) and three sisters and their children. In lats 8 years of her life she was leaving with her brother's son. Now the son of her late husband's brother is making claim to the property and forged a will to this effect can he sell the property without getting a probate/succession from the court.
If he files for succession without informing whereabouts or existence of the other relatives can the court grant a succession and can it be challenged at a later date even after the said property is sold on the basis of succession certificate.
Legal Answer
Issue legal notice and then file suit.
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