Inheritance of willed property

Nina (Querist) 01 March 2015 This query is : Resolved
Hello! Experts,

My Aunt died in 2002 and left behind an unregistered will. In her will she left her home in Jabalpur, MP to 3 people - me, my sister and a family friend (Mrs M). Mrs M and her family have been maintaining and residing in that home since 2003 without the permission of me or my sister. I have now received news that Mrs M is looking to sell the home.

Question 1) How can I put a stop to the sale of this home?

My Aunt, who never married and had no children, was very close to me, she gave me all the jewelry she owned for my wedding. All the fixed deposits in her bank account were jointly in her and my name and I inherited the same on her demise. She verbally told me that she had willed her home to me. While she was alive I never saw her will.

On my Aunt's demise in 2002 I could not make it as I live abroad. When I finally did make it to Jabalpur in 2003 I was given just the first page of the will by Mrs M (the family friend). I was surprised to find her name also included in the will. The will appeared to have been fraudulently modified as a line had been inserted in the line-space between 2 existing lines. Mrs M had used this will to transfer the property to her name and had also moved into the bungalow with her family.

Question 2) Can I at this stage (in 2015) challenge the will or is it too late? How could I go about proving fraudulent modification?

Thanks so much for your advise. In the past I have found the experts on this site very knowledgable and helpful.

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Kappil Cchandna (Expert) 01 March 2015
Dear,

Yes, you can challenge the will but its from the time when you have come to know that the will was made fraudulently. My question is if the will was not there then who could have received the property naturally ? Because I have something in mind which could help ....

Kapil Chandna Adv 9899011450

Rajendra K Goyal (Expert) 01 March 2015
If the will is registered, you have the option of taking its certified copy from Registrar office and proceed on the basis of this.