Legal Question in Wills and Trusts in India
I have a grave problem.We live in a flat in a co-operative society.The flat is in the name on my father & mother. The property was paid for by my mother.My Mother died a few months ago leaving a registred Will for her half share in the name of me & my brother. My father is a alcoholic & is being brain washed by his brother whose eyes are on the property.My father is refusing to accept my mothers Will & has asked the society not to transfer half the property on us brothers name. Now my father has taken all the property papers & kept them with his brother.
My father has filed a suit in the co-operative court against us brothers. He is requesting the court to pass an oder in which we brothers will not be allowed to enter or reside in the flat.Also he has mentioned all lies in his suit that we brothers are harresing him.Can the court pass such an order when we are the leagal heirs ?
Now my younger brother has gone into depression & tried to commit suicide.He also wrote a note saying that he is commiting sucide because of the mental harresment by our father & his brother.
My brother is still in hospital at the moment.
Can my father & his brother we charged & held responsible for my brothers condition.
Please advice I am in great difficulty.
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2 Answers from Attorneys
instead of fighting within blood relations, better settle the matter has you both are young and can earn for yourself.
if possible settle the dispute amicably or contact a local sr civil lawyer with details.
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