Kumar.H 14 December 2019

Succession/property

I am a 65 year old married man with 2 adult unmarried children. I have one elder brother who is the eldest in the family, he has a daughter and she is married. I have one elder sister who has a son and is married. I am the youngest among my siblings.

Just recently my mother has passed away so after reading the will which is not registered. In the will it is mentioned that the property is to be sold. I have noticed that my share is to go into a trust in a Capital Gains Scheme and only the Net Income shall be paid to me and i will not be entitled to the Capital and in the event of my demise, my wife and children shall be entitled to the net income but the capital will remain in the hands of the Executors/Trustees but my brother and sisters share is going into the capital. So this is how it is mentioned in the will. (I was not present when this will was written but i am 100% sure my brother and sister were present along with the executors and witnesses have planned something. what i mean to say is that they are friends with the executors and witnesses,)

To simplify things I am 65 married with 2 unmarried sons and youngest in the family. My eldest brother who is the eldest in the family is married with one daughter who is married. My sister is married with one son who is married. My share is going into a trust in captial gains scheme even though i am alive and my children are adults. Only by brother and sister will get their shares in captial after the property is sold. I am currently residing in my mothers property, my father died over 20 years ago and the property was passed on to my mother.

This seems not fair. Is this possible? I fear some sort of manipulation and fraud activity. My mother was 81 years old when she wrote this will. Why should only my share go into a trust in some Capital Gain Scheme with only the net income given to me while only my brother and sister get the capital after the property is sold? Can the property be sold without my signature or thumb impression? I am alive and well in health and my children are adults. How can only their shares be given to them after sale of property and my share not given to me? I am living in my mothers property for 5 years and taking care of her as any human being will do and was here at the time of her passing for. My brother and sister live in their own properties, i do not own a property.

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11 Replies

Shashi Dhara 14 December 2019

File suit for partition and prove that the will is fraud wilt relevant witness and documents.

G.L.N. Prasad (Retired employee.) 15 December 2019

Your stand:"I am currently residing in my mother's property, my father died over 20 years ago and the property was passed on to my mother. "

Needed fact: How your mother got the property in her name ? Your mother can claim entire property if it is self-acquired by your father, and she has acquired it through a will only, otherwise she is a co-sharer with her children.

As you are in possession of the house, wait for action against you by other co-sharers and face them in the suit with your arguments.

Dr J C Vashista (Advocate) 28 December 2019

Repition of same story is absurd and ridiculous.

Seek guidance of a local prudent lawyer with relevant documents for professional advise and advise without waiting for an obligation (FREE OF COST) of experts on this platform based on limited facts posted by you, which are bound to differ from reality.

Kumar.H 05 January 2020

Yes my mother has acquired the property through a will only. My father spent his own money and bought the property and built the house over four decades ago.

G.L.N. Prasad (Retired employee.) 05 January 2020

Keep your possession and protect the property and wait for someone to sue against you for the time. Don't worry, as it may take decades to get a judgment in any one's favour. When you are confronted with such will, contact advocate, establish the will as forged and your advocate can guide you further in the action.

Kumar.H 05 January 2020

Thank you for that suggestion. Is it possible that they can move me and family out of the property by getting a stay order on the property with an Ameen present?

G.L.N. Prasad (Retired employee.) 05 January 2020

First shed down such worries. If you want confirmation you have to meet an advocate and file Caveat, (means without your knowledge they can not proceed in court). But, be fair and truthful as you are answerable to your dead mother's soul and if you wanted to enjoy, pay the required share amount to other claimants.

Kumar.H 05 January 2020

Yes sir the Caveat is wise. I have no issues with paying the share amount. I just want the shares to be divided equally between my sister, my brother and myself which would be 33.33 to each of us.

G.L.N. Prasad (Retired employee.) 05 January 2020

There must be something you were suppressing, why anyone wishes to send your share amount to TRUST. Generally to safeguard and protect the family members interest, if the head of the family or sharer is having vices or a gambler or having immoral relationships only, with great precaution the share amount is credited with trust.

Kumar.H 10 January 2020

The Trust idea is from the manipulation of my brother and sister to my mother with intention that i do not get the capital but they touch the capital. To be clear nothing was suppressed. This is because of clear hatred, it is common in many families.

G.L.N. Prasad (Retired employee.) 10 January 2020

Sir,

To be honest, I don't find manipulation or fraud in creating a trust, as I have seen many siblings that play fraud to grab the entire property with forged documents. In your case, they are protecting your property and the presumption is that you are having an income of your own, and in future you may feel that trust is more beneficial for your family if something happens to you suddenly after disposing of that asset.

I can not see any bad intentions and I am not judging in your personal issues but speaking my point of view.