Urgent query
annie john
(Querist) 22 January 2013
This query is : Resolved
Hi,
I am a Christian girl from Pathanamthitta district, Kerala. My dad has written our family home and surounding property to me - being the youngest of 3 children - all 3 of us girls. Now my 2 sisters are contesting the will and demanding equal share. They are all married and well settled. I am also married but not well settled. My dad is still alive and they are coercing him to change the will. My dad is taking medicines for dementia and I don't want my sisters to trouble him on this matter. They are forcing him to change the will. Can they do this? Can they contest the will..? Please advise. I only wany what's best for my dad. Thankyou.
Raj Kumar Makkad
(Expert) 22 January 2013
Your father is free to make fresh will or maintain this as none can force him legally rather this is his sweet will which shall prevail.
Anirudh
(Expert) 22 January 2013
I think the WILL has not been registered.
1. When was the WILL written by your father?
2. Are there independent witnesses to the WILL?
3You say that your father is taking medicines for dementia. From when he is suffering from dementia?
The above information is very much necessary before an appropriate view could be given to your query.
ajay sethi
(Expert) 22 January 2013
answer the queries raised by Anirudh . please note that for a will it is necessary to have 2 independent witnesses .
further at time of making will your ought to have been of sound mind . if subseqnety he has been diagnoised with dementia then he cannot change the will
annie john
(Querist) 25 January 2013
A huge thank you to Mr Makkad,Anirudh and Ajay Sethi for answering so promptly. I will find out the answers to the question. One thing I know is that he had made the Will before being diagnosed with dementia. I will find out if the Will has been registered and if it has been signed by 2 independent witnesses as well.
Please let me come back to you. Thankyou so much.
