Do i have right on my fathers self earned property?

You can easily  obtain certified copy of your father's  will from Sub Registrar's  office and that will serve your purpose.If your brother is not vacating the house belonged to you by virtue of your father's will,  you have to file civil suit for possession and mesne profits for use and occupation against your brother.

You have been sleeping since 2021 just for not having the original will deed; if the will is registered and you have Xerox copy ,then you need to file application before the Sub-registrar court   for certified copy of will that  will be provided easily and probate that and execute the will by transferring the property in your name. Meanwhile you should send legal notice to your brother for vacating your property and or charge him heavily for the illegal occupation of your premises

Do i have the right to sell the property sir?

Without original document, if i send legal notice to my brother to vacate the house, or if i file a civil suit - will the civil suit will be finished within a year or it will continue for many years sir. 

Can i claim rent from my brother sir?

On official records, a criminal case is said to be decided within six months, and a civil case can take up to 3 years to come to disposal.

As already suggested, you may file a civil suit for eviction. The property being in Madurai, no probate is required. However, in order to prove the Will the atteasting witnesses (at least one among them) has to give evidence proving the execution of the Will by your father.

You seek rent/mesne profits in the suit being filed.

So only after finishing these legar proceedings as getting will copy, probate, filing civil suit etc, i can get rent from my brother or i can sell the property. Till then i have to follow legal proceedings.. Is it right sir..

You can serve legal notice to your brother demanding rent on the premise that the prperty stands devolved upon you because of the Will. In all probability, your brother would resist or ignore the demand. So also, you can approach the Revenue authority to get the property mutated in your favour. That also involves a due process where your brother can interfere and resist. 

Ultimately, your title to property can only be declared by the Civil Court. In such proceedings, you need to prove the Will in tterms of the provisions of Section 68 of the Evidence Act. However, in the instant case, the Will is not required to be proved.

Hi Kavitha Ji, I’m Adv. Niharika and here is my take on your query.

First thing that you must do is to obtain a certified copy of the will from the office of the sub registrar.

Along side when you have applied for a certified copy, advisably you should send a legal notice in bas ehe amicably wants to settle it.

The second thing that you must do is to file a civil suit to claim title on basis of will in court (once you have in possession the certified copy of the will / mutation). Doing that inherently implies seeking possession of the immovable property.

You can also seek an Injunction under Order 39, CPC before the Hon’ble court.

Lastly, with due regards to the advice of the learned expert I do not think that you can apply for mesne profit.

As to prove mesne profit you must show wrongful possession of the property by your brother, and it is easy for him to show permissive possession as he had been living with your father since last twenty years.

What you can do in the aspect of getting compensation you can on the day of filing the suit mention it that, ahead of now, if your brother continues to stay in the property registered under your name by way of the will then you will seek compensation from him from that day.

I hope I was able to help and in case you have further questions, feel free to reach me via email at niharikalohan@yahoo.com