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Technologist (Business owner)     16 April 2013

Will and validity

My brother who is a lawyer in Kerala told me that the Will made by my mother cannot be known to me as it becomes invalid after reading it. He said it can be read only after my mother's time which would be too late if my mother is coersed to write something in it. My mother lives with him.. I have absolutely no trust with my brother even though he is a senior advocate in Kerala High court..

I would like to know from a good lawer in Kerala that there is any law in Kerala which prevents me from knowing the conteent of the Will.

Besides, he told me numerouss lies about a family arrangement which got  cancelled upon his direction as it was not registered.. I need an advise from an honest lawyer in this matter.

My father was an honest judge in Calicut and it is a shame that his son is like this.



Learning

 4 Replies

Pillai Sunil Sannu (advocate)     18 April 2013

Greetings

Kindly note that a person is free from any restriction in making a will, he or she can make will anytime and as per her wishes the estate can be distributed.

However if the property belonged to your father and he has died interstate that is without making a will you can surely get your share in the estate belonging to your father.

Try to consult your brother and mother and make a codicil will in addition to the will being made is the remedy i suggest  

satyanarayan Raman (construction Manager)     18 April 2013

 

Can a Registered Will be challenged in a court ,if made secretly without the knowlege of all the persons concerned. 

Rgds

SVR

raj kumar ji (LAW STUDENT )     02 May 2013

yes registered will can be challenged in court

Technologist (Business owner)     15 September 2013

Thank you for your advice. I greatly appreciate it. It seems that my brother who is accommodating my mother may have coerced to write things in the Will that he doesn't want me to see it. This may be the reason as to why he is saying, if I read the will it will become invalid. This fellow is a senior lawyer at the Kerala High court and when I told him that some lawyers advised me that I could read the Will without invalidating it and even file a declaration suit he says that those lawyers are ignorant trying to put me in trouble. Now, he insults me every time I talk to him. He utters words of contempt and profanity to me for no reason which makes civilized conversation impossible. I'm not that kind of person nor do I prove anything by voice of throat or use of profanity. If I ask an intelligent question, he disconnects the phone and use the Caller ID not to answer the phone. I know that this is an intimidation tactic he is practicing on me with a thought of imposing fear not to ask logical questions, which is his delusion. How do I go about this without disturbing my elderly mother who can't take tension anymore? My mother is in the old age and she cannot even go to the Registrar's office to register an amended Will if there is coercion or no equal division. He also says that because he looked after my mother and he needs bigger share from the partition. He was enjoying all the rental income when he accommodates my mother and I did not have the privilege to it as I live abroad. Kindly help.

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