Legal Question in Wills and Trusts in India
My father died in 1962 aged 42 from a heart attack. He had had two strokes earlier. My mother claims he made a will in1961 which was registered. His signature on the will is very shakey. According to the will she has rights to enjoy the property till her lifetime and my three younger brothers are supposed to share the properties equally.
When this will was supposed to have been made, his eldest child, my sister was 14 years old, me 12 and my youngest brother just 2 years. We three sisters didn't have a childhood and were forced to seek work after completion of the 10th standard and were deprived of a childhood. My eldest sister worked from the age of 16!!!
My mother is 83 years old. My brothers are forcing her to give up her rights and want to divide the property. We three sisters wasnt to claim our rightful share. Do we have a right. I am a Catholic. The will is not probated.
2 Answers from Attorneys
as the will has so far not been probated, you may ask for your respective share from brothers and you may approach a lawyer who is well versed with Indian Succession Act.
It is not unusual for children to start working at 16; rather you are still lucky. majority of the children in the world start working much earlier than 16.
We may not comment upon validity of will on this forum. You may want to engage a lawyer for determining your right and pursue your remedies in a court of law.
However, it may be better to work an amicable out of court settlement and avoid litigation.
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My father passed away in 2007 at Patna, Bihar,India. We are 5 brothers and 4... Asked 11/25/09, 10:52 pm in India Probate, Trusts, Wills & Estates
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