Legal Question in Civil Litigation in India

Dear Sir,

Bangalore development authority allotted a site to my Mother in the yr 1978 in EWS scheme as my mother had applied as a tailor. We are 3 sons only to our parents. There a dispute in the family and we forced to file a case against my last brother who is a problem creator. I have about 8 question please help me.

My Father a Govt school teacher (died in 1988) had saved money out of his income, my mother (Died due to cancer on 1st Apr 2010) a house wife (a tailor also saved little money) sold her gold and had money, my self (49 yr) & my1st brother (45) had some money in bank A/c (now inoperative since1988) we got money out of division of grand fathers property. My 2nd brother (40yr) was not given any money as he was 16yr in 1985.We all contributed our shares in the form of cash entries made in a 1985/86 dairy by my 1st brother (Q1) (only proof for our contribution and will this hold good in the court?) to construct our house will our property become joint/ancestral property? (Q2) Can my mother write a will? (Has not made any will as per our knowledge but 2nd brother is claiming that he has got a will).

I was staying separately in Mysore since 1979 with my paternal grand mother�s sister (Died on 23rd Apr 2010) who was a spinster. She has written a will Dt17/oct/2007 and nominated me in banks and post office a/c (will was registered in sub register office after her death she was an employee of semi Govt organization) and I got her property a site through this will. (Q3)Can any of my brothers claim a share in this site? He is trying to propagand that I am adapted son of paternal grand mother�s sister and I don�t have any rights on my parent�s property. For information (Q4) what rights (share in property) an adopted son/daughter has on their biological parent�s property?

As my 2nd brother got married in 1999 the house environment was not peaceful. So my self, my 1st brother and my mother invested( only proof for our contribution is entry in dairy) for the construction of 1st floor and my 1st brother shifted to 1st floor. My 1st brother shifted to Mysore in 2004 as he was transferred to Mysore. My mother rented out the 1st floor house in 2004 with out proper rent agreement. After her death we 3 sons jointly made a rent agreement on a Rs.2/- bond paper. The rent was shared between 3 of us, the tenant continued to stay till Aug15 2010.My 2nd brother who continued to stay in the 1st floor quarreled with the tenant and with us on Aug05 2010 and started demanding entire rent to be given to him(who works for a bookie in racecourse and gets irregular income). The tenant (both lawyers and wife was pregnant could not tolerate) informed us that he will vacate the house and asked us to pay back advance (Rs.30, 000/-) Rs.10, 000/- from each of us for which 2nd brother refused. The tenant complained (no complaint was registered) to the police. We were called to the station and settled the matter orally, I requested the tenant to make 3 separate receipts on bond papers all of us(3 of us & tenant signed on it. Police took an apology letter from 2nd brother we also have signed that letter and it is missing. Since then the house is vacant and is in our custody (Q4) will this rent agreement and receipts help us in the court in future? (Q5)Can we 2 rent out the house?

As my 2nd brother was staying with my mother has forcefully taken a signature on a blank plain paper about 5-6yrs back also he has all the documents of the house. (Q6) Can he misuse this paper to fabricate a will If so what are ways to disprove the same? (Q7) if found guilty what is the punishment/ penalty? Will he be liable to pay 2/3 rent for the 1st floor to us?

A2nd brother preserved all my mother�s treatment bills and he wants to claim in the court (Q8) is it possible?

If we file a case for 1/3rd share what will be the final result and how much time it takes.

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