14 October 2009
Am youngest son of my father. I have elder brother & elder sister. My parents are living in 'ancestral house' at Trichy, Tamil Nadu.
My father, i learnt, that wrote a will and registered it with local register's office. He informed this to my brother & sister but not to me as i was in Delhi. On enquiry with my father, he refused to show the will and not ready to share crux of will.
My questions are
1) Can i get the copy of will from register's office using RTI Act? 2) Whether my father is having right to write will for 'ancestral house' since the house is not earned by him?
As stated in your query, your father is not entitled to will the ansectral property and you too have equal share however, your father is entitled to will only his self acquired property. In my opinion you cannot get a copy of the will under RTI act atleast during the lifetime of your father.
14 October 2009
No one can stop any person to write his will and none can legally force him to provide its crux or copy. It is the sweet will of the testator but in case he has made will of the ancestral property then it can be got set aside but only after his death by filing a civil suit. at present, you have to do nothing and dont feel loser as ultimately you shall get your legal right.
15 October 2009
If your father made will of the ancestral property then it can be got set aside but only after his death by filing a civil suit, you too have equal share in the ancestral property. You can not force your father to provide its copy.