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dutts (owner)     21 December 2014

Ancestral property

My father acquired a portion of my grandmother's property. In a previous will some 10 years back at the age of 84 he had divided the property equally between the two sons, mentioning that he has given enough in gold to the three married daughters. Just two months before his death at the age of 94, when he was frail, the younger brother got another will signed and registered of all the father's property in his name, leaving nothing for the elder brother ( me ). The elder brother ( me ), was out of town, so he emotionally blackmailed the father to sign on the will. He had got the draft prepared from a known lawyer of his and made the father write in his handwriting the whole draft given to him. The father had some objections as to the signing of the will,as in the will he had to mention that he has given enough to the elder son, which he had not. This was revealed to the elder brother and the sister present, by the younger brother when he wanted the consent of all concerned to agree to the will. The younger brother confessed that the will could be only made in one name if all have been given enough by the father, so he had to falsely mention that the older brother was also given enough. I am the elder brother and want to know according to this will, is my younger brother eligible to the entitled property? Can he possess or sell out the entire property without my consent? Please advice on the course of action which should be taken. 


 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 December 2014

Your younger brother can sell the property without your consent. Consult a local lawyer and seek partition of the property of your father. You will also have to challange the will.

Jai Karan Nagwan (consultant)     21 December 2014

Will can be challenged by you and your three sisters on a/c of inducing the ill, aged and infirm father to execute the will under Fraud, undue-influence, mis-representation.

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