Legal Question in Wills and Trusts in India
Dear Sir
1My father a most emonent Surgeon of India expired in 1955 witout making a will.
2My mother(House wife) purchased a property out of his saving in gujarat. where my self and my brother lived in child hood. .
3My mother expired in 1990
4 Last month my brother sold that property witout my knowledge and has gone out of the country. he told via media that the mother did not will for me (daughter).on the contarary he was not even in talking terms with mother. and majority of time mothr had lived with me... he has not shown even the will of mother to me or any one our relatives nor given any notice for title clearnce before the sale of property.
5. Please let me know as where to lodge the complain to get the copy of will. (Important question)
6. What is the time period allowed to contest the will in gujarat.?(Important question)
I m a maried daughte of 68 yeras old and shall be coming to india shortly for this purpose.
. The law is very clear that even the maried daughter has equal right from the fatheres property and this property wa purchase out of my fathers property who was also personl physician to maharaja of sate and chief medical oficer of the state. he had expired suddenly in opeation room while operaring over a patient. he was FRCS during british rules.Ther is road after hs name and even gold medal in surgery afte his name .
Please advice. ABC
2 Answers from Attorneys
you may go for cancellation of the sale and the copy of will can be obtained from the office of sub registrar. regarding the time period in gujarat, that cannot be ascertained by any stretch of imagination.
What your brother has done to you that amount to cheating . You can challenge the will which would have an effect on the sale of the of the property . If the will is forged one then sale through the will goes.
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