Father's property
Net
(Querist) 03 October 2012
This query is : Resolved
Respected sir/ Madame,
My father (Muslim- Sunni) aged 65 has been ill for the last 2 years. We are 3 children (2 sons & 1 daughter) and my mother. For the last 2 years my parents have relocated to Luck now to my sister's (Married) place (from Hyderabad). As my parents believe in unnani medication could heal my father better. However his health has been detoriating and also developed a short memory. Most of the times he behaves very kiddish. Mother was in touch but there contact nos are not active any more. So the only way to contact them is our sister. She too has stopped entertaining our calls. And there had been no update on dad's health. We have sent word through our friends and relatives on their whereabouts. But all in vain. One fine day. When we were able to get through our sister. She said parents sent word through her to stop calling them and they have decided to write a will of the prop in hyd all to her.
Since my father is not in a position to take a decision on the prop, I suspect a foul play by my sister. As we remember, my father never wanted us to divide with the prop and desired for all of us to stay together, he was more keen in his grand children enjoying the same.
My query is...If my father has executed the will. Can I challenge the same?
If he is not executed the will. Can I stop my sister in accepting execution of a will if any?
This is my father's self earned prop.
Please advise.
CA Ayush Agrawal
(Expert) 03 October 2012
Since This is Your Father Self Earned property, You Cant Claim in Court Going Against Father Will.
Only Your Fathers Will Decide.
Net
(Querist) 03 October 2012
Thanks for responding sir,
But my query, what if he is not in a normal mental position to decide the exceution of the will. and if he signatures could be forced up on?
Guest
(Expert) 03 October 2012
Depends upon production of proof for his being of unsound mind or he was forced to sign the will.
Net
(Querist) 03 October 2012
Thank you for your reply sir,
Since my father is staying with my sister in lucknow. and she is not allowing us to meet him. What would be the procedure legally to find out his condition and meanwhile how can i find out if such a will if any has been executed
Rajeev Kumar
(Expert) 03 October 2012
You have to prove with sufficient document and evidences that his mental condition was not proper at the time of executing will, he is of unsound mind or sign was taken on the will through coercion or undue influence
Net
(Querist) 03 October 2012
Thank you again, how can i ask my sister to allow me to meet my parents and find the true medical state of my father's condition?
Sanjeev
(Expert) 03 October 2012
you can visit your sisters place and meet your parents think you never tried that ....why dont you try that there is no one who can stop you from meeting your parents unless they dont want to meet you. You can take local police help if anyone stops...provided your parents are not against you visiting them.
With regards to Will if registered than can be checked at the registrar office if not then there is no way to find if there is a will that would come in light after your fathers death when your sister claims on the property basis the will.
You can challenge the will at that time.
