Legal Question in Civil Litigation in India

We are six brothers and two sisters. We had a piece of land in the name of our mother.

Our mother expired sometime in last May, 11. One of our brother sold the entire property without consent / signatures of either of any other sisters or brothers. The brother with ulterior motive got prepared a Will from our mother (who was unconscious and unable to sign and talk) before her death stating therein that henceforth the property would be dealt by that brother only. It was learnt that he had taken thump impression of our mother forcefully without consent of the mother, as she was unconscious, in the presence of local village authorities.

He sold the land to a third party and taken into possession of some land and a house in his name only.

All other brothers and sisters strongly objected to the deal and raised their voice for sharing of the proceeds, which he got by selling the ancestors property. But he did not hear to others voice.

The other brothers and sisters together approached the court of law for justice and got issued summon from the court. It is understood that the brother in question did not accept summon issued by the court.

We want to know what further course of action should be taken to resolve this issue and get the shares to all other brothers and sisters.


Asked on 12/26/11, 3:21 am

1 Answer from Attorneys
Stalin Selvamani S & P Law Associates

Tell me whether the will is an unregistered one or a registered one. If it is unregistered then you can file a suit for partition against the said brother if if is a registered one then your case is a weak one. YOu can go for some sort of compromise with your brother.

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Answered on 12/28/11, 11:25 pm


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