Legal Question in Family Law in India
After my father died my mother made a will writing each floor of the house to each child. We have ground floor. first floor. second floor. We are two sisters and one brother. About two years back I went out of station to study leaving my mother at home with my elder brother. My sister lived a block away. At that time my mother was very unwell not able to accept the death of my father.. She had been recently in the hospital with a blood clot in the brain, causing part memory problem and balancing problem. After I left for my three months studies my mother could not take the shock of me being away from home and fell seriously ill. After few weeks I get a call from my mother that my elder sister is living in my portion becasue she is looking after me and that since her portion in the ground floor was at that time occupied by my brother who would move to the first floor after my mother dies. My sister shifted to my place. But she forced my mother through mental torture that my mother should change the original will and transfer my apartment to her. And the ground floor to me. I can move there only after my mother dies. After absorbing this shock for months with a broken heart I accepted to live in the ground floor in the future after my mother dies. This also put my life into a financial hell as I was forced to live in a rented apartment. My mother used to pay my sister's rent. My sister mentally tortured my mother not to stop giving her that rent money which should be given to me so that I can pay the rent. I went through financial crisis. Hardly able to pay rent. Sometimes there was no money for food. At that time I would come to my mother for money for food and she would be so scared. She told me I will give you but keep it a secret. Then my mother suddenly fell critically ill and was hospitalized. In the hospital she confessed many things to me in tears. She told me that my brother and sister have forced her through constant mental torture and blackmail to give them the entire house and throw you out on the streets, They have done something very bad to the will. I did not agree. But they forced me to sign. I did not agree. Once again I was shocked. Now my mother died recently. The lawyer opened the will and what my mother has told me came out true. My sister has taken my ground floor also. I have nowhere to go. They will not even give me any money from the factory buildibg which brings family income through rent. That is another ugly story where my brother forced my mother to remove my name from the partnership. So, I cannot accept this cruelty from my brother and sister. I was in the USA when this house got constructed. I have financed the entire construction. Now they have betrayed me and left me on the streets. I would like to challenge this in the court of law. Thank you.
1 Answer from Attorneys
Normally, a Will can not be challenged unless there is evident and strong rebuttal. To make a case out for you, I need to see the entire medical report of your mother. There are other grounds as well but the mental state of your mother is the most vital aspect which needs to be studied.
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