Ancestral property issue
MDat
(Querist) 19 February 2016
This query is : Resolved
We are 5 brothers and 2 sisters. My youngest brother 'B5' claims that my father created a will giving all his property to him before he passed away at the age of 99 yrs. My other brothers 'B3' believes that my father was not in his sound health and B5 forged my father thumb impression on the will. The Will also mentions the property which is not in my fathers name in Govt PR Card, hence we believe it should be null and void.
Meanwhile B5 has already sold part of the property without our knowledge.
For past few years we are trying to resolve the dispute amicably but in vain. What is the legal recourse we can use. Pl. note my father passed away 7 years ago. Pl advice.
Santosh Goswami,Advocate
(Expert) 19 February 2016
The best option is to file a suit for partition and direction that the sale deed executed by your brother should be cancelled. Add all as plaintiffs who are on your side and make rest of them as defendant. This is the only way to resolve it for ever.
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kavksatyanarayana
(Expert) 19 February 2016
author, file a petition in the court for partition the property of your father. consult an experience lawyer of your area for the purpose.
MDat
(Querist) 20 February 2016
Thanks. We live in Pune and the ancestral property is in Amravati (near Nagpur). Can we file a petition in Pune, Pl. suggest a good experienced lawyer in Pune/ Pimpri Chinchwad area.
Anirudh
(Expert) 20 February 2016
The suit can be filed only in the court having jurisdiction over Amravati and certainly not in any other place.
MDat
(Querist) 20 February 2016
thank you so much
Rajendra K Goyal
(Expert) 20 February 2016
The suit has to be filed at Amravati and not at Pune. You can entrust power of attorney for the case.
