Challenging a will

Querist : Anonymous (Querist) 28 February 2011 This query is : Resolved
My mom is deseased and my dad is currenlty under my bother and does not let the two daughter see him.. I have not see the will of my both parents..

Do we daughter have a right to see their will and challenge it. we are not given any assests from my parents. and heard my brother is treated my fahter bad and wont let anyone see him

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Devajyoti Barman (Expert) 28 February 2011
You can file case against the brother to let your father free from his clutches. The legatees have no right to see the Will as long as the testator is alive. However the legal heir has every right to challenge the Will the moment the executor or the beneficiary files a case for Probate of the said Will.

Adinath@Avinash Patil (Expert) 01 March 2011
YOU HAVE NO RIGHT TO SEE WILL IN THE LIFE TIME OF YOUR FATHER,ONLY REMEDY IS TO FILE SUIT FOR PARTION IN CIVIL COURT AGAINST YOUR BROTHER AND FATHER FOR THE PROPERTIES OF YOUR MOTHER AND FATHER.

Amit Minocha (Expert) 01 March 2011
agree with Mr Barman

G. ARAVINTHAN (Expert) 01 March 2011
You can file a complaint before Police if your brother objects you from seeing your father.

However to the question of Will, you need not worry till the life time of your father.

NOTTAM VENKATASAMY (Expert) 01 March 2011
NO ONE SHOULD BE RESTRAINED WITH OUT THEIR CONCENT, SO YOU PREFER A POLICE COMPLAINT AGAINST YOUR BROTHER THEN POLICE CALL AND ENQUIRE HIM REGARDING YOUR COMPLAINT, THE NEXT IS YOU MOVE ONE ADVOCATE AND EXPLAIN ALL MATTERS AND ISSUE NOTICE AGAINST YOUR BROTHER FOR GETTING THE PARTITION PROPERTY, THAT TIME THAT WILL WILL BE COME TO OPEN.

Uma parameswaran (Expert) 01 March 2011
Give police complaint against your brother and if your father is detained illegally then you can move before High Court.

Kirti Kar Tripathi (Expert) 01 March 2011
best solution is to file writ of Habeas Corpus against your brother to produced your father before the High Court.

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