KPS 17 June 2015

Will execution

Hello,

I am looking for some legal advise regarding our situation. We are three brothers and all are married, recently our father died naturally and he left a will where my mother is the executioner. When we casually enquired about the will, our mother mentioned that property will be equally divided among three of us. Out of all the three brothers one is emotionally close to my mother and she gave the GPA to him to sort out other court cases.

Earlier when I asked my mother about will, I was told that it was submitted in the court and court will send the copies. Recently I found out that, my brother who has the GPA had filed the petition in the court by saying he has the GPA and he is submitting the will as a GPA on behalf of our mother to the court with inventory and he will be the executioner of the will, this thing was not known to anyone. Even the inventory submitted was not in full.

Our confusion is that the brother who has the GPA has bad track record in the past especially regarding finances such as abusing the resources etc. Even our mother knows about it but she never told us that he submitted the will to the court on behalf of her or she might not even know about it as she simply signing the papers and not letting anyone to read or enquire.

In this situation we are worried that is there anything that the brother who has the GPA can misuse his power and change the things in the will or execute the will at his will and wish even without notifying our mother. If yes, then what are our options? We did not yet received any copy of will so we really do not know what is in the will.

I request legal experts to provide guidance in this situation, if required we are willing to hire the services of a lawyer.

Thanks in advance.

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6 Replies

rajuchowdappa 17 June 2015

Sir, You can contact me 9738465552.

Adv k . mahesh (advocate) 17 June 2015

normally court will send notices to all the parties mentioned in probate of the will if you have any objections to raise about the will and court will pass orders accordingly so check with him and take the copy of will or check in the court section were you jurisdiction comes

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Advocate Ravinder (Advocate/Attorney) 17 June 2015

You have not mentioned that whether the will is registered or unregistered. Serve a legal notice to your mother and your brother who is attached more to your mother stating that there is a will in your possession and you are misusing the same with the help of your son (your brother). We have suspicion. After receiving your legal notice, normally they produce the will. If the will is unregistered and if your mother destroys the will, then there is no other way except to get your property by succession. By succession, your father’s property will be divided into four parts, 3 brother and your mother equally.

If the will is registered, you can obtain certified copy from the sub registrar office.

For further doubts contact me 7893011777 or ravinder2345@gmail.com.

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KPS 18 June 2015

Thanks for the kind replies. I would like to know that, can a GPA has the eligibility/power to act as an executor on behalf of the original executor of will even though the executor is in sound mind?

In this case the GPA filed petition for probate in the court by mentioning him as sole executor. We spoke to my brother and mum, they say court will only send the copies of the will to the people mentioned in the will and they do not have the copy.

Looking to the way things working, we are becoming suspicious day by day. We do not want to send the notices at this point of time. Can we bring the issue of GPA applying for probate to the court? Until unless we see the copy of the will, nothing is sure, just want to find the way to get a copy of the will.

KPS 27 June 2015

Does the GPA has the power to apply for probate by stating him as executor even though the original executor is in sound mind and healthy? Please some one reply.