Answer Please----------------?

This query is : Resolved 

29 December 2009

Dear Sir/Madam

I need your advise; I filed a civil suite against all of my family members for my share in the my family property in Aug 2003.

Then we compromised before elders of the society and the shares were allotted as follows:

1. Plaintiff i.e. me.
2. My father and my mother
3. My uncle-1
4. My uncle-2
5. My uncle-3
6. My sister-1
7. My brother joint name with my father.

Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. to me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2. I only made this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.

Everything was fine up to 2007. Me and my parents living together and my brother was living separate.

I, went out on various assignments in 2004 and abroad to Africa. During this period my brother came to my parents and taken in charge of all our properties i,e mine and my parents and enjoyed all the income.

In 2007 he developed conflict internally and taken my mother and went separate again. My father was alone and again my father started taking care of my share and the share of them. My wife was taken care of him.

Once again I got the abroad placement in Jeddah, Saudi Arabia.
Because of mild heart attack he was in hospital in Jan 2008.

During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions which I mentioned above and the decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.

After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.

From 2008 to till to day I cleared all the back debts (9 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.

Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.

I request your kind self to clear my doubts.

1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?(Which my brother is now got through will & gift deed by my mother)

2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she written will to my brighter.

3. Is there any possibility of filing suit against my brother who had my father as a joint share holder?

Please clarify my doubts.

Sajjan B G (Expert)
31 March 2013

You can file suit declaring said will and gifts as null and challenge mutation entry if any relating to said properties. Reg.2nd question facts are not clear, if your father has left self acquired property without making any will, you are also entitled for share by succession, if you are governed Indian Succession Act.

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