property of my father

laxmi (Querist) 14 August 2009 This query is : Resolved
I asked you people in las quiry. that my brother is trying to capture all property in his name. I simply want to know if he did will his name what should i do. since i really do not want property share but i want my elder brother who is still unmarried since my brother know if he married definetly her wife can demand on his behalf. since he is uneducated and he sent out from family for last 15 year now my brother is 45 year old.whatever he earn he sent money to them AND his future is in dark. what action to be taken in this regard SINCE PARENT IS VERY OLD AGE 83 AND 75 ,

laxmI

Follow Query

Report Abuse

sheeba (Expert) 14 August 2009
Hello,

I could understand that you have two brothers and your parents are still alive.
The property belongs to your parents in their joint name. Is 'nt it? See that your parents execute a will as they wish.

Or else ask your parents not to put signatures or thumb impressions in any paper without reading it out.

If your parents had already executed a will and it is registered then your brother cannot do any thing at all. But if he is forcefully making them to execute a document, then at present it can be complained before the police .

I can also find that they are pretty old and they will not be able to resist.

Y V Vishweshwar Rao (Expert) 15 August 2009
The nature of the Proerty is not mentioned -

If the Proerty is ancestral Proerty/ or / Proeprty created by Joint Efforts/ or/ Joint Funds of fathr , & brothers , your brother can file suit for partitin of the properties !

BHANU RASPUTRA (Expert) 15 August 2009
I AGREE WITH SHEEBA.

your parent as on today can execute fresh WILL of their self acquired property and revoke all ealier WILL and get it registered.

IF ancestral property then , your brother and u have right inrespect of respective shares on the property. STILL your father can make a WILL in respect of his hsare on hte property.

Kamal Grover (Expert) 16 August 2009
Yes Sheeba is right. Try to findout whether your brother has executed will in his name or not and try to convience your parents to execute a will in the name of all the family members alongwith brother and yourself.
Your further clarification is welcome at nominal fee at;
adv.kamal.grover@gmail.com
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards