Need legal advise

    ALIENATE::by sale or by transfer TITTLE

So how do i go about it?

YOU HAVE TO PROVE BY DOC/ORAL WITNESS, THAT THE PROPERTY CLAIMED AS SELF AQUIRED IS PURCHASED BY ALIENATING OF SO AND SO FIXED,MOVABLE,IMMOVABLE,CASH BALANCES OF FAMILY FROM DEBTORS ECT.,

Nirmala ji,  If there is any alienation of ancestral property by your father, then , you must be knowing about the sale of that property as it cannot be alienated without getting permission from all the legal heirs. Produce the documents/ oral statements to that effect .

kINDLY PROVIDE DETAILS :

hOW MUCH TIME HAS PASSED SINCCE THE PROPERTY WAS MUTATED IN YOUR BROTHERS' NAMES?

iS THER ANY OTHER RECORD OF THUMB IMPRESSION OF YOUR FATHER ON ANY OTHER DOCUMENT?

DOES  THE DOCUMENT CARRYING YOUR FATHERS TI MEETS THE REQUIREMENT OF A LEGAL WILL? ( WHETHER THERE ARE SIGNATURES OF TWO WITNESSES )

There are suspicious circumstances sorrounding the Will and if challenged the propounder shall have to prove its genuineness. Adv. Archana approach suggested herein is correct.  

Harbhajan sir,

My father expired on April 2nd 2009 and the TI was taken the previous day i.e. 1st of April 2009 but not sure as on which all the documents he took TI.We got to know only about this one house registration. Not sure even if he had changed the date of registration..?? In that case we can prove it to be fault as my dad was sick for two months b4 his death and he can very well sign. But the propblem is he fooled my mother as she is illetrate saying that they are planing for alteration of house and need her signature and have taken her to corporation office for registration (but told her it is health office) and asked her to say that she has only two sons. I am not sure if the survivor certificate of my dad says only two sons. TI was taken infront of my mom and his wife's relative. I am not sure about the legal requirements of the will but obviously he would have taken witness of two but dont know who they are?? Only if the suite is filed i will get to know i suppose. But the problem is till date my mom was supporting us indirectly now she denies about all these.

First of all approach the office of Registrar/sub-Registrar and apply for certified copy of the Will if it is registered. If there is no registration of the Will apply to the authority where the property is mutated i.e. MCD/Improvement Trust/ LDO under the RTI Act and secure the information vital to your case. Chances are that your brother has filed a false and fabricated affidavit of NOC on your behalf. Since in most of the states of India, probate of will is not mandatory and property is transferred on the basis of will after a NOC from the legal heirs. If the process has not been followed by the authority concerned, in transferring the property  you can challenge the same.  If your brother has indulged in forgery that would give you a leverage to get justice.  Hire a sincere lawyer practicing in Succession cases to do the job.

If your father in earlier cases during his life never put a thumb impression on any document except on this Will before his departure or any other document just before his end, it definitely gives rise to suspicious circumstances as per Law of Wills.  

Thanks harbhajan Ji. Will find a lawyer and try to collect the documents.

I totally agree with MS. Suchitra.

hello,

     i need some advice ,related to buying agricultural in nd near bangalore.

first, identify the land and then pay token advance,then ask copies of land papers.

HERE WILL COME INTO PICTURE TO VERIFY THE DOCS GENUINITY AND E.C ETC.,

Anil, I think it is necessary that you must be agriculturist to buy an agricultural property. Other things are as advised by Reddy Sir.

test

i have booked a res flat in pune, property is registerad as per law, i have paid all amount with few month delay, now flat is ready, builder not ready to give possession letter( asking 1 lac cash), may i start living in that flat w/o passession letter