Technologist (Business owner) 31 August 2012

Will a will be void if beneficiary knows its contents

After cancelling an existing Family arrangement, my brother who is a lawyer in Kerala made our mother to wrote a Will. He then advised his brothers stating that no one should read the Will because it will become invalid upon reading when our mother is alive.

Please advise me whether there is any Kerala state law or Indian law under which the Will becomes invalid if the children come to know what is in it? Our mother lives with him and how could other brothers prove that the Will was created by undue influence if it is written in favour of him. When I spoke to my mother, she told me, she didn't understand what was in the Will as someone in the Registras's office was reading it too fast.

Is there a thing called equal division of mother's property among her children? I am the eldest son in the family. Do I get any special previdge or right to administer partition in a fair and equal manner?

We are of Hindu religion and I reside in the USA. Any suggestion is greatly appreciated.

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Anish Thakur 7018812737 (advocate) 31 August 2012

respected querist,

there is nothing like in indian law that if any person will came to know about the will ,will will become void.you can challenge the will if you think your mother was in undue influence of your brother but you can only challenge the will during the time of its execution.conveinince your mother to make a fresh will if she thinks she dnt knows what had been written in the will and read by officer from regsitrar office and containing the clause to suprecede all wills made before by the fresh will.yes there ia equal right of all daughters and sons on mothers property if she had not made any will on anyones favour.being a elder son ,there is nothing in india law for something extra or additional benefits for elder or younger brother ,all treats as equal.if there will be no will by your mother then during the time of partion and share all heirs will be asked for their consent .feel free to call on my number 9459321520 if you had left any query.