babu samueal (dr) 25 August 2014
T. Kalaiselvan, Advocate (Advocate) 30 August 2014
What were you doing for all these 18 years? There are very remote chances to setting aside the exparte decree after a gap of so long years. Whether there was a final decree on the suit after the preliminary decree passed exparte?, If not, without a final decree award of identifying his share in the property, your brother cannot take away his 1/5th share on his own, you can file a permanent injunction suit restraining him from taking away his undivided share without final decree. If he applies for final decree, you can implead yourselves as party and can file a petition to set aside the pre-decree exparte order and contest the case on merits based on your father's will. Consult your lawyer and proceed as per his advise.