LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Alphy   27 September 2016

How to present ( open ) a will to family members ?

Hello,

A house is in my father's name. The house was actually built using my own money and I do have proof of giving money from my own bank account & to give him respect & pride, we family members registered it in his name ( Electricity bill, municipal tax etc )

While he was alive my father made a will & registered it  & showed it to me. My brother got suspicious & found out that my father had made a will so he started acting like a thug & harassing all family members. After my father died he made our lives miserable so I did not even talk about the will & moved out of the house.

Almost 10 years since he died, I still have not shown him the will but now I am old, no income & need that house to survive.

Here are my questions & would appreciate any legal advice that members could give.

(1) Is there a time limit on the validity of a will ?

(2) I had collected the registered will from our advocate before my father died & has been in my possession since then. My sisters knows all about the will & have signed the will as two witnesses. So did my mother & she also died.

I know the procedure of transferring the property in my name & he is not going to make it easy but before I start that procedure, am I legally bound to show him the will & if yes, how ? I mean do I need any one else besides my two sisters to show him the will ? Am I obligated to show him the will ?

(3) Have I broken any laws by keeping the will in my possession for over 10 years & not opening it & showing him ? My reason is that I was under duress ( Fearful of him & him retaliate even harder ) & so were my 2 sisters who signed the will as witnesses.

(4) He has taken the full control of the house including changing the locks & talks about building another story over it. Can I file an injunction to give us all the keys & right to enter as well as stopping him from building further on top ? How long would it take to get an injunction ?

I would appreciate any legal advice.

Thank You



Learning

 8 Replies

Kumar Doab (FIN)     27 September 2016

The personal law that is applicable to the deceased owner may also have a deciding role, upto a limit.

 

e.g; Hindu Successin Laws.

 

i.e. How much can be disposed by WILL!

 

 

 

Kumar Doab (FIN)     27 September 2016

The legal heirs/beneficiary as per personal law that is applicable to the deceased owner, can demand and take possession of their share.

 

The beneficiary can submit the WILL to act upon it, to the authority under whose jurisdiction the property falls e.g. MC.

The authority may ask to submit death certificate, certified copy of the WILL, NOC from other legal heirs/advt. in newspapers inviting objections and may transfer the ownership to beneficiary if there is no contest/objection advanceds to it.

 

If contested the WILL may have to  be probated.

 

 

 

 

 

 

Kumar Doab (FIN)     27 September 2016

There are many threads on similar query on WILL that you can seacrh in search option e.g;

 

https://www.lawyersclubindia.com/experts/Challenging-a-registered-will-617386.asp

 

 

 

Kumar Doab (FIN)     27 September 2016

Don't remain in shell and approach a very able counsel specializing in such/civil matters.

Alphy   27 September 2016

Dear Mr. Kumar,

I really appreciate your guidance.

I am Hindu living in Gujarat.

It is really hard to find a good lawyer in a big city. I tried & they all said they will take the case but either did not give a clear answer/Procedure & wanted huge fees in advance.

So how do I find an able councel specializing in such matters ?

Only my brother is definitely going to contest the registered will & as of now has driven all remaining members ( Me & My sister ) out of the house & has the sole possession of it.

He is harassing & verbally abusing us even when we are not in the house. He tresspassed and entered my apt. without my permission. He basically acts like a thug & terrorist.

At my age of 66, I don't have money & energy to get police involved because he has plenty of it & says he will use it if we went to police.

 Can you also please advice me to my question (1) + (2) + (3) ?

This is my blood & sweat & entire life's savings. He has not contributed a penny to it.

He has no morals, ethics or fear of God. Only the love of money. So knowing that should I get the probate right now ?

Looking forward for guidance.

Kumar Doab (FIN)     27 September 2016

It is not at all hard to find a good lawyer in a big or small city.

There are ones whose reputation and standing is unshakable.

If you can not afford and have financial constraints try with Dist. Legal Aid Authority.

 

 

Alphy   16 October 2016

Dear Kumar,

I am very grateful that you have taken time to guide & encouraged me.

I am trying to find an attorney that is able & specializes in this kind of Law.

It seems that it is not easy because every lawyer I tried say they will take the case but can't respond to simple questions & want money in advance.

Unfortunately I don't have the money to take a risk on an attorney who simply says trust me but cannot explain the procedure how ?

And once I hire one, you are helpless & have to leave it at his descretion..

But I will keep on trying till I find the right one according to your advice.

I am grateful for your guidance.

Thank You

Alphy

 

Kumar Doab (FIN)     16 October 2016

You are welcome.

If you wish, you may search in LCI databank at:

https://www.lawyersclubindia.com/lawyers_search/

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register