A Christian father in Kerala had three daughters and one handicapped son. Daughters were married with appropriate dowry and part of inherited lands were sold to meet marriage expenses.
During 1996, at the age of 70, the father registered a will allocating ancestral house and major portion of surrounding agricultural land to the son and the neighbouring agricultural lands of totaling to 35 cents were allocated to each of the sisters.
The son who is handicapped (deaf from birth and hence isolated from society) got a job outside the state and stayed at work place with his family. In discharge of the only son's responsibility to look after parents, he took housing loans (majority still pending) and constructed a house near ancestral house after getting 12 cents of land from father and also sending money every month to meet household expenses.
One of the sisters started to stay with parents in new house constructed by son due to dispute with husband. Her husband since expired leaving his two houses with surrounding 35 cents of land to the sister. Unknown to others, this sister who had one plot of 10 cents from father in addition to two houses from husband , had managed to get ancestral house and 15 cents of surrounding land registered in her name through gift deed to " look after parents". This deed secretly kept even beyond father's death during 2011 so as to complete all the ceremonies smoothly. Probably this secret act made father mentally sick in his last days resulting in his hospitalization in psychiatry ward. Hospital and funeral expenses were paid/reimbursed from joint account fo father, mother and son through which accoutn son used to send money regularly/monthly. After the revelation of the secret gift deed to sister, the Son has brought his mother to his work place so that the sister need not "look after the parents" further.
The son with inherent difficulty and isolation from society due to his deafness, was given an oral assurance from sister that another gift deed would be registered by the sister so as to restore ancestral house to the son (her brother) as envisaged in 1996 deed, but this is getting postponed under some pretext or other. It is now argued by sister that original will of 1996 is "invalid" in its entirety as a part of the property covered by the will has since been transferred to son (12 cents) and a daughter (15 cents). Kindly advise the son whether the registered will is valid for the remaining property. Also advise how the son can get back the ancestral house as it is removed without his consent by sister's coaxing/threatening the father and exploiting the handicapedness and isolation of the son.
