• Gift deed

my grandfather purchased agricultural land in his life time.my grandfather handing over 1( First )  agricultural land to my father in year 1965 by mutation entry in record of right as per maharashtra  jamin mahsaul adhiniyam 1966 .( not by any sale deed or any financial transation.) my grandfather died in 1977.
            
               my grandfather regesterd Will deed in year 1972 and other lands and building also give to my father by Will  deed. after death of my father enterd aa properties in the name of self in  record of right  .
                 Thus my father is holder of above ( 2 Nd ) properties. My father had not purchased any land or building in his lifetime till 2013.( death dated 15/07/2013) When my Father tired by age and fisical and mental  unfiteness, my brother managed to write Gift deed of 1( first )  agriculural valluable land  document, and registered in his self name without knowing this thing to other 2 brothers and 3 sisters. at the same time he registerd Will document of my father on dated 24/12/2010 .This matter also not know -ledged to any brother /brothers/ and 3 sisters.So This is Fraudent document as per our opininon.. He is second son of my father, Now we applied to Talathi for   Waras Takta and recieved it. after taking waras takta of 3 brothers 3 sisters .As per 7/12 we 5 waras applied for right of record in November 2013to Talathi , Talathi not Taken effect  our name entry on  7/12 , Talathi mutation of First land 7/12 recored on our brothers name. and second land Will is also false and fraudunt document. please consider our matter and guide me.
Asked 10 months ago in Family Law from Jalgaon, Maharashtra
Religion: Hindu
1) yiu will have to file suit for partition to claim your share in land 

2) in addition you will have to challenge the  gift deed made by your father on grounds that father was not of sound mind 

3) if your brother relies upon will he had to prove that will was executed by your father . . He will have to apply for  probate of will 

4) yiu can oppose grant of probate . Both suits will be clubbed together 
Ajay Sethi
Advocate, Mumbai
24638 Answers
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==Since you are Hindu by religion, on the death of your father all the properties will be devolved upon his wife, children and mother.  Your brother had played fraud upon you by managing the staff of Talathi and Tehsil Office.  Hence, you have to file a partition suit immediately against your brother and also ask the court to stop all further sales in respect of all the properties listed in the suit.  For further doubts you may contact me through Kaanoon phone consultation. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
69 Consultations
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You are saying that your brother forged a gift deed and will purportedly made by your father, to claim inheritance to his properties. Unless the gift deed will are declared forged by the civil court the instruments will continue to remain legal instruments whereunder title has transferred to your brother. You are free to file a civil suit to seek cancellation of the instruments as illegal on the ground that they are forged. Forgery will be difficult to prove unless there is direct evidence which can show that the signature of your father has been forged,

Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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It was your grandfather's self acquired property, upon his death fell into the hands of your father.  Your father becomes an absolute owner subsequently and enjoyed the property till his death.
However your brother seems to have fraudulently prepared a will  reportedly executed by your father during his life time and is trying to enforce the same as per will.  Since you people are suspecting that the will is fraud and a fabricated document, you can challenge the same in the court of law. 
You can file a partition suit and seek separate possession of your legitimate share in your father's intestate property, let your brother defend himself by producing the will which can be challenged by you.
T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
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