The ancestral property belongs to the legal heirs unless anyone has a will. Yes you can take your share/the whole property if the you a will.

Yes you can file a case.

You have to file suit to set aside sale deed 

2) seek injunction restraining buyer from selling the property 

3) take the plea that fraudulent sale was discovered recently 

4) that mother is not educated and was unaware of contents of documents signed by her 

Will takes  effect only on death of testator 

in present case mother in her lifetime sold property rendering will ineffective 

You can file suit to set aside sale deed now 

explain reasons for delay in filing suit 

Thanks for your appreciation 

You may file a case where the property is located.

Yes file case where the ancestral property is situated

If the children are entitled to a share in the property then without the consent or permission of the children, others cannot take away the property.

If there is a Will, then you can enforce the same, if you feel that it is barred by limitation then you can approach court with a probate petition to probate the Will.

Yes, for partition of property you can file a case even now.

You are welcome for your appreciations.

If the property is located in Tamilnadu then you may have to file case in Tamilnadu only and not in Bangalore.

Dear Client, 

You have to file a case in the territorial jurisdiction. 

Thank You

- If your mother was having the said property in her name , then after her death you have right to claim over the same. 

- Further, if anyone has taken that property fraudently then it can be cancelled after filing a suit before the Court. 

- Since, there is WILL left by your mother , then you can claim that property as per law. 

- Firstly sent a legal notice to him and instruct him to vacate and handover the possession of the property to you , otherwise you will be constrained to file criminal and civil cases against him. 

- If no response, then file a suit for Declaration and possession with injunction before the court for declaring his property documents null and void and to take possession of the property and to restrain him from selling the property.