father can issue notice to his brothers to furnish documents in their possession ie application made for transfer of property, affidavitetc submitted 

It is not clear which government department you are referring to - the land registrar's office or the Revenue Tehsildar's office. Whose records were destroyed in fire? Please clarify. It is also not clear on what basis your FIL challenged his brothers' title over the 'ancestral' property. Was he not aware when the property was partitioned among his brothers? If full facts of your case are given, proper advice could be rendered.

Yes. If your father-in-law's case has already reached the evidence stage, he can still take steps to obtain relevant documents from his four brothers, particularly if those documents are necessary to establish how the ancestral property came to be mutated/transferred in their names.

The appropriate course would generally be to move an application before the trial court seeking discovery and production of documents under Order XI Rules 12 and 14 CPC, read with Section 151 CPC, identifying the specific documents which are believed to be in the possession or control of the brothers. Order XI Rule 14 empowers the Court, during the pendency of the suit, to order production of documents in a party's possession or power which relate to matters in issue.

The application should not be framed as a vague request to "produce all documents relating to the property." It should identify, as far as possible, the mutation order, application for mutation, sale deed/gift deed/release deed/partition deed, inheritance documents, affidavits, revenue applications, notices and other documents on the basis of which the brothers' names were entered in the revenue records.

If the brothers claim that they themselves do not possess the original documents, the Court can be requested to summon the relevant records from the concerned revenue authority, Sub-Registrar, Tehsil/BL&LRO/revenue office or other government department. This is particularly important here because the Government department has apparently stated that some old records were destroyed in a fire.

The destruction of government records does not necessarily end your father-in-law's case. If the original government record is genuinely unavailable, secondary evidence may, depending upon the applicable evidentiary requirements, be relied upon. Under the present Bharatiya Sakshya Adhiniyam, 2023, Section 58 recognises various forms of secondary evidence, including certified copies and other permissible forms of copies/evidence.

More importantly, if the brothers themselves possess copies of the documents by which the property was transferred or mutated in their favour, the fact that the Government's old record has been destroyed does not prevent the Court from requiring the brothers to disclose and produce documents in their possession or power.

I would therefore suggest that your father-in-law's advocate immediately consider filing an application seeking (i) discovery/production from the four brothers and (ii) summons to the concerned government/revenue authority for whatever surviving record is available, including certified copies, mutation registers, index/register extracts, order sheets, subsequent records and any record reconstructed after the fire.

The application should also specifically mention the Government department's statement that the original records are unavailable because of the fire and explain why the brothers' records have consequently become particularly relevant to determine the source and legality of the mutation/transfer.

If the brothers fail to produce documents despite an appropriate Court order, the Court can take the non-production into account in accordance with law. The Supreme Court has recognised the importance of the discovery/production procedure under Order XI and the consequences of non-compliance with an order for discovery or production.

Since the matter is already at the evidence stage, I would advise taking this step without delay, rather than waiting until the evidence is closed. The application should be accompanied by a clear explanation of why the documents are relevant to the issues already framed in the suit and why they could not otherwise be obtained.

You should also obtain a copy of the Government department's written communication stating that the records were destroyed in the fire. That document itself may become important evidence.

As the case has reached trial stage your FIL’s advocate can issue a formal legal notice to the brothers demanding they produce the specific title deeds, partition deeds, or transfer orders through which the property was muted into their names under order 12 rule 8 and section 66 of evidence act.He can file an application requesting the court to direct the brothers to disclose, under oath, all documents in their possession regarding the property. If they have the transfer paper, they are legally bound to declare it under order 11 Rule 11 and 14 cpc.

During the evidence stage, when the brothers step into the witness box, your FIL’s advocate can question them directly regarding the missing title deeds and how the transfer took place without your FIL's signature or consent.

He can direct the same through court to produce the said documents. Otherwise also the defendants has to show the documents through which they are claiming ownership exclusively 

File an application under Order XI Rule 14 before the trial court immediately...

 Seek leave to serve interrogatories  on the brothers...

Request the court to draw an adverse inference if they fail to comply..

Dear Client,

Yes. Your father-in-law may ask the court to direct his brothers to produce documents showing how the ancestral property was transferred or mutated in their names.

Under Order XI of the Code of Civil Procedure, 1908, he may seek discovery and production of relevant documents in their possession, such as mutation applications, sale deeds, relinquishment deeds, family settlements, or other transfer documents.

Since the case is already at the evidence stage, his lawyer may file the appropriate application promptly, explaining that the government records were destroyed in the fire.

He may also obtain certified copies of all the records remaining with the Sub-Registrar and Revenue Department.

You are advised to consult the trial lawyer immediately regarding the appropriate application.

Thank you for contacting us, if you have any further queries kindly do not hesitate to contact again. Thankyou.

Sir/Madam,

It is suggested your father in law may file an application under the provisions of CPC seeking direction from the court to direct the opposite to produce the said documents. Application may also be filed direction to govt authority to submit the documents or the govt authority may be summoned as witness to produce the same.  

Dear Madam,

Yes. Your FIL can ask the Court to compel his brothers to disclose and produce documents in their possession or control which show how the ancestral properties were transferred into their names. The fact that the Government office says some old records were destroyed in a fire does not automatically end the matter.

Your FIL should not simply accept the Government endorsement that the records were destroyed. The Court can be shown that the missing records are not the fault of your FIL and that alternative/secondary evidence is being sought.

The BSA expressly recognises situations involving lost or destroyed originals and possession of originals by the opposing party

Yes, your FIL has clear legal options. Under Order XI Rule 14 of the Civil Procedure Code, the court can order his brothers to produce all documents in their possession relating to the property transfer. He should file an application for discovery and inspection of these documents. Additionally, if the brothers fail to produce relevant documents without valid justification, the court can draw an adverse inference against them under Section 114(g) of the Indian Evidence Act. The missing government records do not prevent this—the burden is on the brothers to justify how they obtained the property.