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Appu (None)     01 April 2021

Mother hid will for 20 years

Parents invested my 3 yrs earnings in stocks for my mother's name. Father expired 20 yrs ago. Mother 83 and healthy. I have 2 siblings. Because my marriage was intercaste i was always discriminated. Last year mother  transferred shares to my 2 siblings. Recently brother told me that  mother is hiding will from me, but refuses to share contents. Mother is refusing to show/give me copy of will. She gets  abusive. Given that i have no info of lawyer who made the will, how can I get a copy legally. Please advise. - Thanks



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 15 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 April 2021

A copy of the Will cannot be issued if it is registered during her lifetime. so amicably ask your mother or siblings.

1 Like

Appu (None)     01 April 2021

Sir, Will was written by father around 1992. Father died 20 yrs ago. Thx

G.L.N. Prasad (Retired employee.)     02 April 2021

Contact a local advocate and get a search of such records for one year from the death of your father.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     02 April 2021

If it is registered, apply with the death certificate of your father. then a copy of the same will be issued.

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Appu (None)     02 April 2021

Ok Sirs - Thankyou. I heard Will was made with advocate and witness. In case  it was not registered in court how can I get it? Mother  not cooperating after amicable requests. Siblings got shares so they are not bothered. 

G.L.N. Prasad (Retired employee.)     02 April 2021

If the siblings' secured share as per will, then certainly the copy of that will must be available with Authorities that mutated the property in the name of siblings and you can get a copy of such will under RTI Act without any difficulty.

1 Like

Appu (None)     02 April 2021

Thankyou so much Sir. At this point of time, more than shares, I feel my rights are violated (because I am the youngest daughter) and good to know RTI can help to get the information I am entitled to. However, Will first approach district court to see if it was registered. It was registered in one city and father  died in another city. Both in TN. Should I contact both district courts? Thx again.

G.L.N. Prasad (Retired employee.)     02 April 2021

Please read the entire answers, understand, and then decide further action without assuming things.  District court is not concerned with will registration and it is the sub-Registrar that has to provide the certified copy as the will if registered must be available.   Further, in many states registration of will is not compulsory under the Act. You can not expect precise guidance and take advice from a local advocate, as you have been providing piecemeal information after suppressing material facts.

Dr J C Vashista (Advocate)     02 April 2021

Shares were purchased in your mother's name, she can use/ transfer to any one.

Even if your mother has concealed alleged will stated to have been executed by your late father, which you need not trace, you should file a suit for partition, possession and mesne profits

1 Like

Kishor Mehta (CEO)     03 April 2021

If the shares were purchased in your mother's name they become her absolute property and even your father or anyone else can not have any legal right to them, besides your father did not have any right to bequeath the shares purchased in the name of your mother and hence the WILL becomes legally unfructuous as far as the shares are concerned. 

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Appu (None)     03 April 2021

Thankyou Sir, for your expert advice and guidance.

P. Venu (Advocate)     03 April 2021

I am afraid the facts posted are disjointed and lack clarity. Is the query confined only to the shares allegedly purchased of your earnings in your mother' name or something more? Does the alleged Will made your father relate only to the said shares or some other property? Posting simple and clear facts alone would elicit meaningful suggestions.

If it is that your father had made the alleged Will in respect  property vested with him,  the best option, as already suggested is not not to chase the Will, but to file a suit for partition with your mother and the siblings as defendants wit the pleading that your father had not made any Will and that the late father's property left intestate  is jointly vested with all the legal heirs.

Appu (None)     03 April 2021

Since family is keeping me at dark, I do not have any more specifics to provide. Thanks for all the positive advise received thus far. Will pursue with help of a local advocate.

ravi yudha (ceo, non-profit org)     03 April 2021

Based on your experience, I assume you are an NRI or a child richer than your siblings. Numerous instances of parents cheating one or some of their children and favouring some children due to disparity in income levels  has become very common.  

First parents get money from NRI or rich children to buy property, shares etc. Naive and good minded children spend their hard for the benefit of the family earned money trusting parents. Later the same parents turn against such children and favour some children. Legally it becomes impossible to prove that the money is yours because people don't get receipt from their family members because of trust. Court does not accept this. Morally you have rights but legally not.

I have no legal solution for you, but can empathise with you having gone through a similar hardship, losing a percentage of my hard earned money.

 

 

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