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Nirmala (Assistant)     12 September 2012

Need help


We are four children 2 daughters 2 sons to our parents. My younger brother expired in 1992 and my father expired in 1993. My father did not write any will document. My mother lives with me and now she want to divide the property among all three of us. We came to know that my elder brother did fraud created will document where in my father has transferred his property to his grandson (my brother son) and my brother son in turn  gifted a piece of that land  to his wife and the remaining did a sale to one of his uncle. And now very recently  my brother son has sold  the whole property to somebody else in July 2012. We Want to bring him to justice. What are the possibilities and on what basis can we file a case against him. There is also ancestral property. Are women also eligible to claim that.

Plz need help as soon as possible

thank you


 2 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     12 September 2012

Authenticity of the will can be challenged in court of law

However in court will ask whether u were sleeping at time when sale of property is taking place

ur brother sold properties to two different parties and u didn't tried to bring restraint over it

anyways it is still not late appraoch the court through ur lawyer send legal notice to ur brother and parties



sridhar pasumarthy (ADVOCATE)     12 September 2012

Not all women but Daughters are entitled to a share in the ancestral property at par with son unless partition was not effected between the family members either by way of registered partition deed or by way of court decree or award etc.

File a suit for partition. 

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