Legal Question in Civil Rights Law in India
My father expired 7 months ego. He had registered a will. But my brother only knows about this will, i.e. its registration number and the content of the Will. He might be having the copy of the Will. I do not have any of these details with me. He is not telling anything about it. He is transferring all the properties, fixed assets and deposits on his name without my consent. And I do not have any information.
My question is how can I get the details of my father's will from the registrar office?
Hina Mistry.
4 Answers from Attorneys
Forget about the Will , file a suit for partition before the court asking the court to divide the property(ies0 of your father amongst all his legal heirs. If he talks about the registered will challenged the will as forged one on various grounds.
you may approach the registrar office and search for the will. it may just be a day's task. after getting the copy of will, you may ask your lawyer to draft a suit for partition, mesne profits and stay.
I feel you would be wasting your time and money going anywhere for your Will as mentioned here in above. You would be filing the suit for partition with will or without will ,then think and file the suit and let your brother be on defensive.
First thing is you need to know contents of the WILL, as to what is stated in the will. Then only you can think of challenging or not challenging. I am sure, will should have provisions made for you that is why your brother is not showing it to you.
Since it is registered will, it is possible to get in registration office. Some efforts but surely you get it.
Now, if your brother is selling assets, better, immediately file a suit for partition, and obtain a stay order. You brother will put will in defense of your suit, if will goes in his favor, otherwise he will not. meanwhile If you find will and if its contents are favourable to you, then you can also put it as subsequent event, and make amendment in the plaint accordingly
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