Dear Sir,
My mother is an clear victim of Domestic Violence against my father since 30 years. My father do not provide any basic requirements of mother like food, cloths, social obligations apart from providing space in house. I have one married sister who lives in my house after spending on constructions on Ist & IInd floor. I live in Delhi with my family & kids and settled there. I bear all cost of my mother since 12 years and take mothers side. Now, my father is under influence of my sisters husband who provide one time lunch to him. Some time back in last month on heated argument between my mother, father & me, he has changed his will to satisfy his male ego. Also my sister husband is the real culprit who has eyes on all property. Earlier my father has registered will in name of my sister & me giving ground floor to me and Ist & IInd floor to my sister.
The new content of the will has given all property to my sister with no mention of my mother and me. Moreover he has blamed me and my mother for not satisfying him. This information has been gathered from registrar office on secret basis. Now my query is how can the will be challenged by my mother and me taking the stand that
(i) it has been totally under high influence of my sister & her husband who provides one time lunch and they have mallious intentions on all property apart from their share.
(ii) My mother jewellery has been used under construction of my house and she should have equal rights & ownerships as my father has. The jewellery mentioned here is the STRI - DHAN given as dowry at the time of their marriage.
(iii)The witneesses used are the friends of my sister's husband. Can it be used to prove their influence. I have read that will can be challenged in 18 months of death and the above mentioned points are covered for challenging the Will.
What can be the repercussion if my mother files a suit under Domestic Vioence Act along with her right on the property...? I know as far as DV is concerened she will won on that front but property angle i am confused to take the right decision. Please advice me and help.
Regards
Ajit
