Legal Question in Wills and Trusts in India

My father is suffering from prostate cancer since 2 years and for the past one and a half year he is in and out of the ICU in hospitals. My mother expired one and a half years ago. She had left a will but my brother destroyed the will on the pretext that Mother had no independent income and that all her assets were provided by our father. He has managed to transfer all our mother's assets into my fathers name including a flat she bought by money given to her by her brothers. Now that my mothers flat has been sold and the sale proceeds have been credited to my father's bank account and he intends to buy a flat with the sale proceeds. Due to my fathers ill health and weak mental state and that he is in the ICU for the last 30 days and me and my younger brother are not allowed to meet him or even talk to him over the telephone, we fear that the other brother will coerce our father into making a will which will deprive my other brother and me of any share in our parents property and assets. What legal action can we take to (1) Be allowed to meet our father and (2) To claim our rightful share in the parents assets.

Asked on 7/27/13, 2:54 am

Fca Prashant Chavan Expert Edge LLP

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27.07.2013

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Answered on 7/27/13, 5:08 am

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