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After the death of my mother her flat was transferred on my name by released deed duly signed by my younger two brothers and father. The same was registered. My one brother took undue advantage of illness of my father and made a will mentioning cancellation of the said release deed. He has filed a case in Mumbai city civil court Church gate for the cancellation of the said release deed on some false reasons. The property is in Andheri, but he has filed a case in city civil court at Church gate. (He stays at worli) First he filed a case to Bombay high court but court directed to file the same in city civil court. (As the property value is not much) Can the registered release deed be cancelled? How I can secure my rights and property? As the property is in Andheri, then how he can file a case in Church gate city civil court? Can I raise this point in City civil court Church gate and ask to transfer it into City civil court at Dindoshi?
Sir, if your father is available to testify that your brother obtained this will by taking advantage of his illness or fraudulently then court may cancel the will immediately. You can challenge your brother in the court for non-cancellation of release deed as your mother signed release deed in your favor also which gives you equal right in the property as other legal heirs. For further legal assistance contact us on our helpline number.