Mercy (N/A) 22 September 2012

Need help - please clarify

I will appreciate if you will answer it.

1. What is the RIGHT LEGAL WAY of showing a WILL document to all the legal heirs.

2. Can (as a legal heir) I force my brother to show registered will. (My brother is not showing me the Will of my mother)

3. What if someone don't show the Registered Will to his brother. (My brother is not showing me the Will of my mother)

4. Can my mother in her registered will give everything (self earned) to my brother. If yes, what are my rights to get something forcefully from my brother.

5. What if someone denies of receiving or seeing the WILL and claims that there is no WILL and file a case for his share under hindu succession act.

thanks

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1 Replies

Arvind Singh Chauhan (advocate) 22 September 2012

1.even a third party can seek it's copy from registrar's office.

2.&3. You can not force him but may obtain copy from registrar's office, if you know the particulars of will. Other wise you must file declaratoty suit in civil court to declare you legal heir of your mother regariding particular propety or may file suit for partition. dfeinitly your brother will file the will in his defence. If he doesn't file it would favour you. Or you may request to court to call this document which is in his possession.

4. Yes mother can bequeth her self acquired property to your brother and even to a stranger, you have no right in such case.

5. Burden of proof is on who asserts that will is in his favour.