Legal Question in Wills and Trusts in India

1. Sir, I am a Hindu married woman having two sons (major) staying with my children and husband separately in Orissa state. My father died in the year 2008 at Visakhapatnam (A.P) leaving immovable property worth of 50 lakhs consisting two houses separately and two vacant places consisting of an area of 1000 Sft. Both the houses stand separately consisting an area of 1000 Sft. each, being occupied by my younger brothers i.e.(total area 3000 sft). They are staying in those houses during life time of my father and continuing till today. I was attending to my father during his life time and after that visiting to my brother houses. Now I came to know that they took a Willnama clandistinely from my late father during his life time behind my back in their names. The said information was never told me by my late father or my brothers during life time of my father. They are now trying to sell the entire property to a Realestator without my knowledge. The Realestator was also measuring the houses and vacant site. I am in Orissa I do not know what is going there. I am old helpless lady. I do not have any contact with local people and relatives. I do not know the contents of willnama.

So , please answer me:

1. Whether can I get any share over the property, if so, what steps I have to take ?

2. How can I know the contents of Willnama which was possessed by my brothers ?

3. Is there any opportunity from any quarters to summon � notice me for objecting � challenging the willnama?

4 Is it necessary to make a probate the willnama at Visakhapatnam (A.P.)?

4. Can a Real estator construct a building� apartment without my consent as I am one of the successors in interest?

5. Can a Real estator neglect me or proceed for purchasing that property on the basis of willnama ?


Asked on 5/05/12, 6:17 am

3 Answers from Attorneys
ranganathan raghavachari R.Ranganathan & Associates

You say you are living in Orissa and your father was with you. But you also say your father died at Visakhapatnam. Kindly clarify. You can get the share in the property. You have to first issue a notice to your brothers for partition of the property and when they reply or not you file a case against them. You can question the Will when they come out with the details of the Will and challenge it in the court. You also send a notice to the realtor stating not to do anything till you give permission for the same or otherwise you will get stayinjunction.

Read more
Answered on 5/05/12, 8:14 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case it is a self acquired property and the will is executed, you may not get the right but if it is joint property, you may have an equal share.

Read more
Answered on 5/05/12, 9:29 am
Fca Prashant Chavan Expert Edge LLP

06.05.2012

Dear Madam,

A Will to be enforceable in India has to be compulsorily backed by a Probate from the Court. Since the total area is 3,000 sq.ft., both you and your two brothers will be entitled to 1,000 sq.ft. each. A daughter has an equal right in the property of her father. Simply, ask your brothers in writing to provide you with a copy of the Will which remains your legal right. If they fail to do so, serve a legal notice on them through a lawyer. The answers to each of your questions are -

1) Yes, ask in writing for a copy of the Will to check for its validity, whether it has been signed by two independent witnesses, with their contact addresses mentioned on the Will;

2) Your brothers will have to give you a copy of the Will;

3) Challenging a Will remains your constitutional right;

4) A Probate is a must to enforce a Will;

5) No;

6) No.

You can mail me for any further on-line legal advice at [email protected]

Regards,

Read more
Answered on 5/05/12, 9:53 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in India