Need your help to know more about my mother's will which is

Firstly you must file a civil suit for permanent injunction praying for ad-interim injunction for restraining your father from selling the property in question to any person. And in the meantime you should find the Will of your mother which is in your name.

Vivek Malhotra

Advocate

Sir,

First I should thank you  for your immediate reply. Since I didn't face this type of issue previously, I'm not aware of any Legal matter.

First let me disclose all my problems that I'm facing now. My mother was a kidney patient for more than 10yrs and was on dialysis for past 3 years. My father is a Ex-Bank Employee (Central Bank Employee) retired on 2001 drawing a pension too. I'm currently working as a Software Developer in a Private company with no job security. I'm married having one little daughter of 3.5 yrs studying in ICSE board in Mumbai. I don't have any pension plan, no retirement plan, no educational plan for my daughter, and  couldn't even save a single Rupee for my daughter. I'm not saying that I have spend lot of money for my mother's treatment (for her dialysis). I used to transfer an average of Rs. 8,500.00 to 9,500.00 every month for  my mother's dialysis. My father is drawing pension of Rs. 13,000.00 (but since he is also in debt currently he is getting 9K+ as a pension. From Our Kolkata property, he getting rent to from two tents Rs. 3000 each, that make Rs. 6000.00.

Currently I'm having a debt of Rs. 3 Lacs (2.5 Lacs as Personal Loan + Credit Card)  which are a real pain for me. Having two loans one from HDFC bank of Rs. 3600 (approx) and from Kotak Bank Rs. 8200 (appro) as monthly EMI. Total of RS. 13,000 (approx) as a loan and near about Rs. 25,000 with my credit cards.

My daughter's annual school fees is Rs. 58K  + 18K as Bus fees. There are other expanse too ie her other classes viz drawing, singing and dancing classes.

Though I'm not denying that I'm not  going to look after my father but truely speaking after my father's Retirement I was the only earning member in my house and for past 10-12 yrs. I had maintain the same. My brother used to work Hyat Regency (5 Star) hotel but lost his jobs in 2004. Till then I use to maintain everything. Due to the job loss my brother had gone to depression and he was on doctor's treatment till 2008 and stop taking medicine there after due frustration. I used to take care everything on my shoulder and even I couldn’t take care of my wife's delivery in December 2009 due to a huge financial burden on my shoulder. My father-in-law had paid my wife's delivery fees and at that time I was taking care of my brother and my mother's medical treatment.

Due to my mother's death on April 17, 2013, I had to rush to Kolkata  by plane and my wife and daughter by train, the up and down cost me a huge amount within few days. So I couldn't pay my father last month. He doesn't wants to understand my point and the situation that I facing right now is horrible, lot of mental pressure. I'm totally under financial pressure which I'm unable to bear.

One more thing, can my father has right denied  my mother's will.  He is saying that I'll get the WILL only after his death. But I'm worried that he may transfer the property in my brother's name.

Thanks and regards

Arindam Das

If you have any type of apprehension that your father will transfer the property in your brother's name you must approach the Court and another thing your father has no right to keep the Will of your mother after her death. You may also demand the Will in the Court and request the court to direction be given to your father to produce the same in the Court.  

And there is Legal Aid in Every district courts for those persons who cannot afford private lawyer. And lawyer was privided from Legal Aid Department on the expenses of the Govt. You do not need to pay the fees of the Advocate.

Vivek Malhotra

Advocate

whenever it may be and what ever in the will is if your name mentioned and the properties are named to you then if the properties are transferred then after getting the will copy you can file case to get your properties and before that without kowing what is in the will then blindly you have to file a civil suit and request your father through court to submit the will copy to the court and unfroutnately if your father name is there and not yours then you will be a culprit before your father 

Dear Mahesh Sir,

I know that the present situation is not good as I'm going against my own father ethically which is totally wrong. But I want to make sure that the property should not go to the wrong hands. I don't have any 2nd choice. My problem is that I used take the whole responsibilities of my family, and also didn't even shown any interest to marry since I was in the impression that I might not look after my parents and brother. My mother used to force me to get married. When she was totally on bed I can't refused her and get married in late 30s, at the age of 38. I have one daughter, she is just 3.5 yrs and long way to go for me. I'm 43 yrs right now having only 15yrs in hand to get retired and my daughter education will be there till her age 23 (approx).  That means at the time when she will on her pick time, I'll be having no jobs thats the main concern about me. I don't have any insurance, education policies since I was under lot of financial pressure from where I can't even pay the minimum premium. My life including my daughter's life are totally unstable and insecure.

Moreover I'm having a photo copy of the scriptt (WILL) with my mothers signature where it is clearly written the property has been given to me. But at that time it was not register but I heard that later on it was registered.

One more thing, if want to know the truth of the WILL from my father, how can I be a culprit if my name is still not there ? My question is that don't I have the rights to know the truth of the WILL  ?

Many many thanks to you and more suggestion from you are very much appreciable.

With regards

Arindam Das

Moreover I'm having a photo copy of the scripttt (WILL) with my mothers signature where it is clearly written the property has been given to me. But at that time it was not register but I heard that later on it was registered.

you have not understood what i said to you 

may be you have the photo copy of the scriptt of the will but at the time of registration you father may have changed the will and wrote his name and taken your mother signature and registered it and without knowing if you file against your father and after he shows the will to the court that your father name is in the will and you have nothing to do then after that you have to face your father that why i told first try to see the will if it is registred then it is very easy to see through the sub registrar office of your area there are lot of document writers who will take a copy to you from that office by paying nominal fees this process is very easy after getting a certified copy from the sub registrar and if your name is there then you can file a civil suit and in one go you will get stay order 

Sir,

Many many thanks once again.

With Regards,

Arindam Das