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Anon (0)     10 July 2013

Refusal to give the original documents

My father wrote a will (unregistered but proved valid) giving a part of his property to me and asked my elder brother to divide the rest among 6 children after his death. Now that he expired, my elder brother is not giving me the original documents, sale deeds etc

Is there a way I can procure all the documents from elsewhere ?

P.S Secondly, my father bought the property along with his brother and the both split the property 20 years ago. My father entitled me a part of his share of the property.

 My brother bought my uncle's share of property 5 years ago. So what should I produce when asked for the katha bifurcation certificate ?

 



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 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 July 2013

You can obtain certified copies from the office of the sub-registrar at location of the properties.

Ad Amjad Ali (Advocate )     11 July 2013

In first case, if your brother and you suit file for property dispute, he will have to produce your father will in the court. As far as the property title and other sale deed etc can be obtained form the concernerd department, ie Municipal corporation, registrar office ,in case of agricultre land form tehsil. From these department you will get certified copies of all property .

N.K.Assumi (Advocate)     11 July 2013

Well said, but let me also add that you first send Notice to your brother to produce the original and if he refused do as advised above.

Arpit lalan (Legal Consultancy/Advocate)     12 July 2013

Dear Anon, I agree in toto with the answers above. However, please note, do not draft a letter your self and see to it that you send a legal notice from a Lawyer to your brother. For all you know, he will hand it over to you immediately.

Advocate Ravinder (Advocate/Attorney)     13 July 2013

Send legal notice to your brother, If he handovers the original, then it is ok,  Failing which file a partition suit, mentioning all the facts in it.  File an I.A. before the court directing him to produce the oriinal will before the court.  Your brother either has to produce the original will or has to accept that there is no original will.  In any way you are entitled for your share.  If you can gather two to three witnesses who can come to the criminal court and say that your father had handed over the will to your brother, you can also file a criminal case against him. Check up who are the witnesses in the will deed, since witnesses are mandatory for the will.  Before going to the court, you have to make some investigation for yourself.  


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