Shivani 11 January 2019

Can brother move court if he is left out of parent's will?

Hi,

My brother got married 2 years ago and him and his wife started having issues with me and my father from the start. Later, even his mother in law falsely accused my father of harassing his daughter for dowry, after which we promptly submitted a written compaint to Police of harassment and mental torture.

My brother and his wife left our house and started living with his wife's parents since last year. My mother own our currents house, which she bought 2 years ago. It is not ancestral property. Her health is failing, and she has given power of attorney to my father and made a will and named my father and me who will recieve everything belonging to her, including the house. we have done proper legal paperwork regarding this.

My query is if and when in future my brother comes to know that he is left out of the will, will he be able to do anything legally? The only thing that crosses my mind is he could say that our mother made the will under pressure , but we have CCTV installed in our house and have video proof of her consent. Also all the will deed, and power of attorney papers are made registered accoriding to law.

Will I have to take any other step to safeguard this?

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11 Replies

Vijay Raj Mahajan (Advocate) 12 January 2019

Take a medical certificate from medical doctor about her fit mental condition while making the Will, and the doctor can also be one of the witness in the Will.

G.L.N. Prasad (Retired employee.) 12 January 2019

Contact a local advocate for drafting of the will, and get it registered. He may also advise whether she can bequeath such properties as per will, depending on nature of such properties acquisition.

k.Murugan (nil) 12 January 2019

if the will was executed as per law nobody can successfully questioned it in the court. if it is challenged you can prove it by examining the arrestors in the will

Shashi Dhara 12 January 2019

Why Ur mom made will if her health is not so well.if she is better health u convince her to write gift deed so if he challenges winning chances will become less.be hurry

P. Venu (Advocate) 12 January 2019

Is the Will duly attested by the Witnesses? Who are the witnesses? Are they willing to depose in a Court of Law if so required?

Shashi Dhara 12 January 2019

One deed writer and two witness are compulsory for will.if they go to court deed writer and one witness shud give evidence in court is compulsory.

T. Kalaiselvan, Advocate (Advocate) 12 January 2019

In your mother's self acquired property, nobody can question her authority for transferring it to anyone of her choice and as per the mode which she may desire the property to be transferred.

Any claim by your brother in this regard in future may not maintainable in law.

Dr J C Vashista (Advocate) 13 January 2019

Your brother can move to court and challenge will executed by your mother, no one vouch against his action.

Your mother is still alive and all of you have the apprehension of challanging her will, get a gift deed registered.

Otherwise, the propounder of will shall have to prove intension and deposing mind of testator (your mother) when your brother moves to court and challenges the will.

Shivani 13 January 2019

The property was self acquired by my mother and father and is in my mother's name. My father has been given power of attorney and will has been named to me and father. All the paperwork is done legally with deed writer and two witnesses are my parent's mutual friend.

Shashi Dhara 14 January 2019

The will comes to force after the death.he has to file probate succession and prove Guinness of will against others. But in gift thetitle passes at once Nd he can change khata etc