Heirs debarred through will

Will is the absolute right of testator and full freedom how to dispose the property after death.

From your post it is clear that one of your brother does not get any share, but it is not clear, if your mother was the first beneficiary of the entire estate and that she had any rights. However, I take it that, your fathers Will is full and final, so even if she drew family pension it did not give her any right to disperse the self-acquired property of your father. In such a case, you can go ahead an honour your father’s Will. Legal heir certificate will definitely mention all the siblings names, but the language of the Will becomes important while distribution of estate. However, if you all brothers are in good terms and have no issue to give equal share or some share to the other who is being left out from the Will, then even this is possible, where you need not bring the Will in picture.

Adv.Vandana Vaidya

Dear Adv.Vandana Vaidya, Thanx for responding. My father had not given any rights to mother. My requriement of Legal Heir certificate is for claiming Bank balances only. And we do not intend to put the name of debarred brother in the Legal heir Certificate. He had abondoned us morethan 2 decades ago and is not in talking terms. If you could please specifical advise on the two queries too. raklali @ Yahoo dot Com

Your father has made a will by barring one legal heir form taking any share, but does he in the will state as how the others should share. This is important because your mother also becomes owner of one share and as per your statement that your mother died intestate, in such case your barred brother becomes entitled for a share out of your mothers share.

In the above scenario the answer to your questions (a) is ===== yes, (b)=====No