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selvakumar (self)     29 April 2012

Will of my father

 

We  had two houses on my mother name  and father only earned those properties. One of the house my father built ground floor and I paid for the 2nd floor and my father wrote a  will on my name of that 2 floor house and other house on my brother name. My father wrote the will on the plain paper and signed by father, mother, sister and brother-in-law.   He clearly written saying he already gave 75 chavarans of gold + cash and gave a land to my sister and gave money from his penson and PF. He sold a land and gave to my brother. Other land my brother sold it. Now my sister is trying to put a case against me to ask for her portion in my house. Will it be really a problem? We are in Tamilnadu and property is in Tamilnadu. All the expenses for the 2nd floor I only paid thro my bank account.  Will this litigation may go wrong against me?  I have the copy of the will and my brother is having the original WILL. Could you please advise me on this? Since I spent the construction of the 2nd floor , will that safeguard me in this case along with my father's WILL? My father only earned and my Mom is housewife but we have the property on my mom's name and I have the original documents with me. 

When my father hospitalized, I only took care of all the expenses everytime for total expenses, It will be total around 10 lacs. when he was in ICU and last time he met with accident and passed away and I beared the full expenses bill. 



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 April 2012

Dear Mr.Kumar,

 

1. You've not specific whether the will is registered or not. (if yes a certified copy can easily be obtained via registrar) 

2. Since you do not have the original you can file a probate suit with the xerox copy alongwith application u/s 65 IEA for permission to adduce secondary evidence, You'd be required to serve a notice u/s 66 to your brother wherein he'll be asked to produce the original. In default, your secondary evidences becomes admissible. Make Sure the witnesses are ready to depose in your favour. 

3. SInce it was a self acquired property, father is free to give it to anyone via a will or otherwise, the sister can't object, she wasn't entitled also to things that were given to her to make her give up her share, for she had none ever.

Hope I've been of some help.

 

Regards

Bharat

selvakumar (self)     29 April 2012

Dear Bharat,

            I do not think that WILL is registered. I have only 4pages and do not have the page where he signed. But it is handwritten by father and Original is with my brother. They did not give the last  page where my father signed. But original has the sign of my dad. 


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