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Technologist (Business owner)     28 August 2012

About will and its validity

My brother who is an advocate in Kerala made me to believe that an unregistered family arrangement is not valid and thus it was cancelled. He said that it was "mutated". He wanted me to give in writing that it was cancelled so that our mother could enter into a Will. I gave him in writing so that our mother could write  a Will.  When I asked him the details of the Will, he said that if I come to know the content of it, the Will becomes voided. Is this all true?

The funny thing is that the Will was written or checked by my brother who is an advocate in Kerala. Is it legal for someone to force an elderly mother to write something?  If so, what action could be done to undo such act of immoral thing or to restore the "mutated" family arrangement?

Please help.



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 3 Replies

Anish Thakur 7018812737 (advocate)     28 August 2012

respected querist,

the unregistered family arrangement is valid in india and also teh unregistered will ,its never like that if some one came to know about the will,will becomes null and void,it is totally illegal to force any person to write his will,will written and signed in force,coericion and under undue infleuence is not valid.i advise you to file declaratory suit for your possesion in properties so that your brother will open his cards.

JANAK RAJ VATSA (ADVOCATE)     28 August 2012

will and family settlement need not be registered. seeing the will does not render it null and void. file a declaratory suite in the court

Technologist (Business owner)     28 August 2012

My brother is a lawyer in Kerala and if I tell him Will wont be null and void if I read it, he would ask under what section of law in Kerala. Could you kindly give me references so that I could make him understand. Thanks.

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