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Gunja   15 September 2021

Daughter's rights

My father passed away because of Cancer 2 years ago.. When the will was being prepared he was partially unconscious & paralysed... Whatever he said for property was formulated by my elder brother in willl but what he said for cash/my education/my marriage/my finances that my elder brother didn't incorporate in will saying these things are not meant to be included in written format...

2 years later he's denying the money that my father said for my higher education or marriage or other finances

I'm 23F while I have 2 elder brothers of 33 & 35 age

 7 Replies

Kevin Moses Paul   15 September 2021

As per your concern let me inform you that share of a legal heir (son or daughter) in their fathers property basically rests upon the fact regarding the characteristics of the property i.e. whether it is an ancestral property or self-acquired property.

You have mentioned in your query, that your father was partially unconscious and paralysed while the formulation of the Will resulting which the remaining formulation of the Will was done by your elder brother as per your father's instructions.

Now, the issue here is that it doesn't seem normal for a father to leave nothing to his only daughter, and distributes all among his sons only, since every single detail regarding the belongings of the deceased is to be mentioned in a Will. This fact tends to raise doubts regarding your elders brother sincerity during the formulation of the Will.
It's advisable that you instantly get in touch with a local lawyer regarding the matter in order to take the case before court and get your share. Moreover, it would be better to get medical certificates regarding your father's illness as such documents could be used as evidence in a court of law with an intent to question the validity of the Will as well as the malicious intentions of your elder brother.

Hope It Helps!

Kevin M. Paul

Gunja   15 September 2021

Hey Kevin! Thanks a lot, that's really helpful..but the problem is that I'm aware of that my father did ask my brother that all my allowances/education expenses & marriage expense will be borne via our family business which is now handled by my brother after my father, but my brother didn't incorporate all this in the will saying these are non-property aspects which are not meant to be included in will but he'll do everything whatever my father said to do when the time fast forward 2 years later when I actually need money for my higher education he denies saying he doesn't have much & also of my marriage... Can my father sayings be incorporated now in will? Can certain ammendments be made in the will now because my brother didn't include my share in written form, he said it verbally that he'll give

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 September 2021

In your reply, you are asking whether new provisions can be made now. Kindly note that a Will is a closed document once the person who wrote it passed away. Therefore, no modifications in the said Will can be made at this stage. Apparently, there was a Will in which you did not figure and you are alleging that the Will was made when your father was Semi Conscious and paralyzed. If at all, you need to challenge the Will stating the above facts and you should be in a position to prove beyond doubt in the Court that your father was in no condition to write the said Will and therefore strike down the Will and give the relief of Property Settlement among all the Legal Heirs and seeking your share thereof.

G.L.N. Prasad (Retired employee.)     16 September 2021

Contact a local advocate and explore the chances for challenging the legal validity of the will.

Kevin Moses Paul   17 September 2021

Gunja engage yourself with a good local lawyer and explore for the possibilities to deal with this fraud.

Dr. J C Vashista (Advocate and Legal Consultant)     17 September 2021

It would be appropriate to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

P. Venu (Advocate)     19 September 2021

What, exactly, are the contents of the Will? Other than the expenses for your higher eucation and marriage, is the bequeath in the Will, in any way, disadvantageous to you?

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