PG (Freelancer) 25 August 2014

Need help on succession of property

Dear Sir,

Please advise how to deal with below scenario.

1 house in name of mother having 2 sons and 1 daughter (all married), Parents were living with one of the son, while other was employed remote location.

Mother was very ill for couple of yrs on bed and died.

There is a suspect that childern's father gets house transferred in name of one of his son by doing WILL in his name, though there was no WILL ever produced by mother, but since mother was ill and could not sign any paper so father could do it by thumb impression.. Is it possible..

What is the legal process to get share of the property for getting the legal share from 2nd son and daughter.. Can they comeup for their share, if yes then what is the process..

Thanks

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3 Replies

Kumar Doab (FIN) 25 August 2014

Challenge the WILL thru a good lawyer.

Arpit lalan (Legal Consultancy/Advocate) 26 August 2014

yes they can. They are the Legal heirs of the Mother and the said property was in the name of the Mother. Also, the will can be challenged, do not waste time. ACt fast. which city/court are you located in ?

dr g balakrishnan (advocate/counsel supreme court) 14 February 2015

All Wills one executable only when the Will is probated under testamentary jurisdiction of the court. then one has to publish in the two leading newspapers - one english and one vernacular papers normally read in the area to enable if claimants have any rights on the Willed properties, that will come before the courts concerned.

you can move a caveat emptor before the relevant jurisdictional court, as rightful legal heirs and you can bring to the notice of the concerned jurisdictional court any foul play you suspect.

then court will stay the probate under testamentary jurisdiction and order investigation in the matter.

Besides you can file in the jurisdictional judicial magistrate court, you can file necessary private complaint if the relevant jurisdictional police station fails to record an FIR in your matter. This also initiate investigation. regrds. rapidanalysts@gmail.com