Indian succession act 1925

Ryan (Querist) 13 September 2013 This query is : Resolved
Dear Experts,
I am writing on behalf of my Mother whos is a senior citizen.

She wants to fight for her rights against her Brothers who have cheated her of her rightful shares in ancestral properties.

I am a Senior cititzen ,Christian widow. My Grandfather died intestate in 1903 leaving behind his Widow and 3 children (1 son and 2 daughters). His wife also died intestate in 1940. After that my father bought the shares of his 2 sisters in 1947 and 1951. He lost his sight a little after that and all the property matters were looked after by my Elder brother wherein he also sold many ancestral field and bought other lands. My father had 7 children( 5 sons + 2 daughters) After his death in 1967 My Elder brother mentioned a will allegedly made by my late father wherein he had bequeathed huge prime Ancestral properties to his wife and after her death to only her 2 eldest sons. Even the agricultural lands were supposed to be sold and the proceeds to be divided only among 4 sons. My brother who was named as the executor of this will had also prepared a probate which he asked all of us to sign saying that it was for the good of all the brothers and sisters. Even after he made us sign the Probate he refused to give me a copy of the Will or Probate inspite of repeated reminders. In the end I had to apply and got a certified copy of the same from High Court in 2002.
My Mother died in 2001 at the age of 94 years after being bed ridden in her old age. After her death My eldest brother Claimed to have a will made by our mother in 1996 ( she was 90 years old at that time)wherein she had left all the Ancestral property that was bequeathed to her by her husband to only this brother as the sole heir. Till date none of the other brothers or sisters have seen or received a copy of this alleged will inspite of numerous reminders to him . After 2005 He has also transferred the property card to his name without notifying any other Brother or sisters. He has also not probated the said will.
Now, as a granddaughter of my late Grandparents who died intestate can I claim for my property rights as per ISA 1925. Also what is the best way to challenge my Mothers alledged will which Is suspected to be fake.

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Nadeem Qureshi (Expert) 13 September 2013
you can easily bear consultation fee of a lawyer, so it will be better to contact a lawyer personally with all relevant documents for best advise

Ryan (Querist) 13 September 2013
Dear Sir, We are not well to do to be able to afford a good Lawyer

Guest (Expert) 13 September 2013
Strange! You want to fight a complicated case with several links going back to more than a century, but don't want to hire an advocate who would need to struggle hard to untie several knots of the case to bring your mother's share for you to enjoy!

Dr. Jyothi Vishwanath (Expert) 13 September 2013
Even if you take advice here in this forum, you cannot manage without an advocate. So better hire one from your place

Rajendra K Goyal (Expert) 14 September 2013
Consult a local lawyer.

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