Inheritance of Estate per oral WILL

Querist : Anonymous (Querist) 26 July 2010 This query is : Resolved
Eldest of the deceased children having control over all the Estate, does not intend to part with 50% to the next as per oral Will of the father and other children having no interest, what is the course for the suffering younger son of the deceased to get his share as per oral Will or otherwise; Greedy elder is said to have manipulated some documents like Gift and PoA / Agreement to Sell in respect of immovables of the father during his illness under duress / threat etc. !
How to proceed ?

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adv. rajeev ( rajoo ) (Expert) 26 July 2010
oral will is no value in the Hindu law. Oral will is only valid in the MOhd., law.
If younger son is hindu then he has to file a suit for partition and seperate possession of his legitimate share.

Devajyoti Barman (Expert) 26 July 2010
Yes , rightly advised.

Chanchal Nag Chowdhury (Expert) 29 July 2010
While endorsing the views as stated, it may be noted that POA may have been valid so long as the father was alive but not now. Moreover, if the POA had given the power to sell an immovable property, the POA has to be Registered otherwise, the sale is invalid.

Querist : Anonymous (Querist) 08 August 2010
Any Expert on such issues for handling / initiating the matter in Delhi !

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