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Gaurav (Engineer)     16 December 2013

Will vs registry

My father mentioned in the will that after his demise younger brother will be the owner of his property but my elder brother forcefully get the property registered in his name by taking the sign of the father and canclled the will.

We r staying in the same house. I am on 1st floor and elder brother on the 2nd floor. Now, he filed the case against me that since the property is registered on his name, I will have to leave the house.

I would like to know wheather the WILL will be considered by the court or the court will give us the order to left the home as registry is on my brother's name.

Please advise !!!!  


 7 Replies

BAALASUBRAMANNYAMM (Advocate)     16 December 2013

As on today, the "Will" which was executed by your father was "cancelled" by him and that a registered deed was executed by your father in favour of  your "elder brother", so the said house is stands in the name of your elder brother  only.  You have not mentioned that what type of document your father has registered in your elder brother"s name. It should be specified whether it is "Gift Deed " or a deed of "Will" stands in his (elders brother"s) favour. The whole fact is stands in the nature of a self acquired property of your father only. If the property is an ancestral property, then you will be having a share. Otherwise, no use.

Gaurav (Engineer)     16 December 2013

My elder brother exceutes the sale deed in his favour and the property is father's self acquired property. But the electricity bill is on my name's. My elder cheated us and we have 7 brother- sister's. So, none of us will receive the share from our father's property.

Is there any law which we can use to take our share from the elder brother ?

GOPAL SHARMA (LAWYER)     16 December 2013

if you are cheated by your brother then lodged a FIR against him under section 420,466,467,468.469,470,471 IPC.A civil suit can be filed by you  about cancellation of sale deed against your brother.the will made by your father was the last will and  it will prevail forever in your favour.

Gaurav (Engineer)     17 December 2013

Thanks sir for reply !!!

Since registry in his name and he wants us to leave from the home but we denied to vacate the home and thus my elder brother has already file a case against us.

Should I wait for the verdict or I need to file FIR to cancel the sale deed registry ? 

Adv. Neha ( )     17 December 2013

As the property was self acquired property of your father, and he wrote a sale deed in favor of your elder brother. I think you will only waste your time and money by moving in the court nothing else.

Adv Neha

BAALASUBRAMANNYAMM (Advocate)     17 December 2013

Agreed with Adv.Neha.

vinod (proprietor)     16 January 2014

Adv.Neha is right . Try compromising with third person that alone may help you .


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