REG: Ancestral Property
Dear Sir/Madam,
My father inherited a lot of ancestral property and some property that he created on his own. He expired in 1969 leaving behind his 3 sons, 3 daughters and his wife. He executed a will but it was never registered and has been lost.
I was the youngest and the only unmarried child at the time of my father’s death.
The eldest brother assumed responsibility to look after the property while we mutually tried to resolve the division in court without success.
Eventually the court appointed my two eldest brother-in-laws as referees to negotiate an agreement. Everyone including my mother and referees signed the division proposed by the referees except my eldest brother. The court advised that the referees re-visit the contract based on the objections proposed by my eldest brother and things never progressed beyond that. I found the signed contract issued by the referees a year ago, however it has the minor objectionable material crossed out by my eldest brother and it does not have his signature. The contract favors the brothers greatly as had been intended by my father. I have old correspondence to verify some of the signatures on the contract.
All this was done before the death of my mother. My mother tried to execute a will before her death in 1984, which was denied by the court.
My eldest brother expired in 2003 and two of the eldest sisters expired in 2000. My third sister is in a coma for the last 6 months. One elder brother is still alive.
Currently the agricultural land is equally divided amongst all the siblings per the land records. Most of the commercial and residential property is fraudulently under my eldest brother’s name.
I am in favor of the decision reached by the referees which has all the signatures except that of my elder brother. I have no other property documents except this contract. What are my options? Can I fight this in a higher court?
Your guidance will be much appreciated.
Sincerely,
Shashi.
