Legal Question in Administrative Law in India
My father made a will in favour of my brother but it is single withness will & i have challenged him in bombay city civil court in 2009 & than we have settled the matter out side the court & the case was dissmesed, then my brother has said there was no settlement done than we apelled to restore of case in the court, the case was restored in 2011 & after restore he sold all the property with out taking probate. all the property are in mumbai ,gujrat & nizamabad.we are saying to cancel all registry. but his lawyer is saying that most of the propery are out of mumbai & mumbai city civil court has no right to cancel all registration.and his laywer is asking us to case for property of gujrat & nizamadad in there place . can i run all the property case in mumbai city civil court & on what base.
1 Answer from Attorneys
for cancellation of the sale deed, you need to file the case where the sale deed was registered. the will can be probated for all the properties at one place but sale of properties is a distinct cause of action and needs to be dealt where the properties were sold without following due process of law. read more on property laws on my website www.karvai.in.
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