Kolkata advocate (Advocate) 19 March 2022

Beneficiary blackmails other beneficiary to sign an undertaking

One of the beneficiary is blackmailing other beneficiary as well as will executor to give an undertaking which says, the executor will not construct anything on roof without other beneficiary's consent. But father:'s will has granted the roof to the executor cum beneficiary... Other beneficiary blackmailed him saying she won't give consent petition if her elder brother cum executor doesn't give such undertaking..she also influenced the witnesses of the will not to appear before court as witnesses if her elder brother doesn't agree to such terms. Witnesses are blackmailing the executor cum elder brother.

What legal steps can be taken against such blackmail?

Can he withdraw or revoke the undertaking once will probate is completed as such undertaking is contradictory to what father has written in his last testament?

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4 Replies

G.L.N. Prasad (Retired employee.) 19 March 2022

Blackmailing without offense by the receiver is not possible. Threats may be there. But the will prevails and mutual understanding is reduced as agreement or MOU prevails. Contact your advocate for precise guidance on protecting your interest.

Kolkata advocate (Advocate) 19 March 2022

Originally posted by : G.L.N. Prasad

Here I'm the advocate and I'm asking this to protect the interest of my client who happens to be the executor and one of the beneficiaries. Can he revoke the undertaking later,?

Dr J C Vashista (Advocate) 20 March 2022

Show the will to a local prudent lawyer for better appreciation of facts and professional advise.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 March 2022

Let the elder brother give an undertaking that he will not construct anything on the roof without the consent of the younger sister in order to get the will probated. After that get the will probated. Afterwards if the elder brother actually wants to construct on the roof he must at first stealthly get a coveat from a competent court having jurisdiction that he proposes to construct on the roof and that no stay order on the construction should be given without giving him an opportunity to be heard. Then let him proceed with the construction. The undertaking given before obtaining probate will not be valid unless there was a consideration towards the sister other than getting the will probated. If she mentions any other valid reason for getting the undertaking, then it would be binding on the brother. So far here you have mentioned no other valid reason.