One party to a shady deal stands no chance before court of law

Q My father’s property went to my three brothers and a sister, based on a registered settlement deed and a will, which also said his first and fourth sons will jointly pay Rs 500/month to his only widowed daughter till her demise. The reason cited for not giving me (second son) any share is that I have filed a false case against them. After I argued with my eldest brother, he made a sale deed in favour of me for Rs 3 lakh and an encroached land of 350 sqft. I have the following questions:

1. The rights of the legal heir of my sister to recover the amount with interest (since she never received any money till she died in June of COVID), type of petition, rights to claim as per cost of living and based on their earnings (as against Rs 500/month).

2. My elder brother’s rights/liability to sell the encroached land to me with an assurance of his “perfect right, title and saleable interest etc… and indemnity clause to indemnify the purchaser against any loss, damage or injury sustained by the purchaser due to any defect mentioned in the sale deed”.

3. Whether the will can be challenged now on the grounds of suspicious circumstances.

— Juliot Jacob, Pallavaram, Chennai

From the reading of the backdrop of your case, I find you yourself party to a shady deal with your elder brother in getting a portion of the property for consideration. Therefore, you have no case under any circumstances against others. Your other queries show that you want to set up a case through the children of your deceased sister which also has no legal basis.