Legal Question in Wills and Trusts in India
my father died on 17/05/09 at my elder brothers place in agra(u.p)but befor that he lived all his life in guwahati(assam)with me and my family as we had family buisness,but my elder brother had left my parents place 15 years back with his family,i have looked after both my parents .after my father died i came to know that my father had made a will after a month ,i was shocked to know that my father had debarred me from all his property and nominated my elder brother as nominee of all his property.but befor death my father had amnesia problem he used to forget what he had talked or done a day befor.without probating the will my brother is influencing my mother also and try to claim every thing my father left in bank lockers and cash in bank.my mother is the nominee of the will,but without probating it can they claim by just sending lawers notice that according to will she is the owner.i have freezed my fathers bank lockers and cash money lying in fthe bank with the support of my two elder sisters who are supporting me.
2 Answers from Attorneys
It is quite strange that your father left a will without giving anything to you even while you took full care of him and your brother who left home 15 years ago got the lion's share.
Wait for your brother to file application for probate and oppose it through a lawyer.
You may file a suit for partition of the propeprty; and if your brother set up the will to defeat your claim, you may challenge the same as having been executed under 'unde influence' and medical conditions.
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