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Technologist (Business owner)     26 February 2014

Registered will and its validity

I was not able to go see my mother who became ill recently on account of my financial difficulties due to recession in the USA. My brother who is a lawyer in Kochi, Kerala made me to believe that my mother had made a Will. When I asked a copy fo the Will he said that the Will becomes invalid if I read it. This was surprising to hear as the Will was drafted by my brother who is a lawyer in the family and my mother simply signed it,  according to my lawyer-brother's directions.

As I mentioned earlier I live in the USA and my finances are very bad. My savings are depleted and my house was put on foreclosure. My business is not doing well either.

Since the recession started my brothers were taking advantage of my situation for quite sometime. The latest drama was subjecting my poor elderly mom for series of medical tests that may further weaken her body and health. This had cause me an awful stress and I hadn't slept since she was admitted to a hospital.

I'm at the point that I may not be able to attend my mother's funeral if she were to pass away soon because of the lack  of money to go to India from the USA.

My mother had undergone many unnecessary medical tests including with radioactive dyes that made her very weak. I'm so worried and didn't sleep since she was admitted in the hospital for a minor thing and a whole lot of tests which made her health worse. I had nothing but tears and prayers for her to give.

My question is that if I can't show up for my mother's funeral, do I loose what is in the Will as I don't know what and how crookedly my brother wrote this up and asked my mother to sign it.

Kindly advise on this matter. I may need to retain an attorney as my brothers were acting on me for quite sometime as I became poor during the great recession in the USA. If you are not a practicing lawyer in Kerala, kindly recommend me a good honest attorney in Calicut, Kerala. Thank you.



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 21 Replies

adv.raghavan (Advocate,9444674980)     26 February 2014

. As far as you case is concerned WILL has to be drafted taking you into confidence , since you are out of country,  if he is genuine and honest he is bound to furnish all the details contained in it and get your opinion. It seems he is not interested in it. Since there is a trust deficit it is better to come down and do the needful. Instead of going for a assistance with local counsel,given the situation he may also turn untrustworthy in future.

1 Like

Biswanath Roy (Advocate)     26 February 2014

If  you have any good friend or relative whom you can rely upon request him to engage a lawyer and to make search in the office of the Registrar whether or not any such will has been registered.  If the will made by your brother has been registered then take out a certified copy of that will.  If the will was not registered then you can file an application before the Registrar requesting him not to register that will as the same was drafted by coercion and under duress.  Don't you worry even if the will in question was made behind your back even then as and when your brother  will go to court for obtaining Probate of the will he shall be under legal compulsion  to disclose the names  of the next to the kin of the settler of the will., when by joining as a party you can contest the will.

satyennsinha@yahoo.com (satyennsinha@yahoo.com)     26 February 2014

G R E A T, Adv Raghvan & Bishwanath Roy Sir, I just read your opinion on will ,may your advise help the questioner. keep advising.

Subash M R (Advocate)     26 February 2014

Mother can bequeath Will in respect of their self acquired property, not ancestral property.So,If it is the latter, you need worry, you will get your share in the property even though transferred to your brother under the  Will by your mother.And in this occasion I would like to make out some more points in this regard, that If you really got felt Will was made by using influence or misrepresentation,you have every right to challenge it at a court of law in later point of time in case of self acquired property as well.

Thanking you,

M.R.SUBASH,Advocate        

1 Like

Subash M R (Advocate)     26 February 2014

Mother can bequeath Will in respect of their self acquired property, not ancestral property.So,If it is the latter, you need not worry, you will get your share in the property even though transferred to your brother under the  Will by your mother.And in this occasion I would like to make out some more points in this regard, that If you really got felt Will was made by using influence or misrepresentation,you have every right to challenge it at a court of law in later point of time in case of self acquired property as well.

Thanking you,

M.R.SUBASH,Advocate        

1 Like

Kumar Doab (FIN)     26 February 2014

Mr. Raghvan has given very practical and wise advice.

Learned experts have made the matter crystal clear.

Your mother can give away her self acquired properties by WILL to anyone.

If the WILL is not genuine, it can be contested.

 

Your mother should have been sane at the time of signing the WILL.

1 Like

Technologist (Business owner)     26 February 2014

One of my problems is that I do not have sufficient money to go to India now. My house is in foreclosure because of poor business income in the USA. I'm a foreign citizen by choice to get peace of mind by being away from my cantankerous brother in India. How could I retain a lawyer with no money and not being in India? I would like to know my rights as a son of my mother. I asked my brother to get me a letter by the attending doctor that my mother is ill to get emergency Visa. My lawyer-brother told me that how would the doctor knows that she is your mother and he did not send me the letter.

 

My lawyer-brother explicitly told me over phone that he did not care about me and he did not need me anymore in any way. This happened when the recession started in the USA and my house here went in foreclosure. Now, I'm helpless. 

Technologist (Business owner)     26 February 2014

My mother's property are all inherited through her father. She did not acquire any property by herself. When the recession happened he lend me some money and in return he wanted me to give in writing that my mother could partition the property the way she wanted and according to the way she pleases. Trusting my mother I gave that in writing. Later, I came to reaalize that the Will was drafted by my lawyer-brother and he directed my mom to sign it. I called my mom and asked her what was in the Will. She told me only my lawyer-brother in Kochi knows about it. I called him and asked him the details. He said that the Will becomes invalid if I read it. He also said it was registered in Kochi or  Calicut in Kerala and it will be void if I read in.

Biswanath Roy (Advocate)     26 February 2014

In your query which you posted at the begining you categorically stated to retain an ATTORNEY at CALICUT and further requested us to recommend a good and honest Attorney in Calicut, Kerala WHEREAS in your last post you purged that you have no money to retain a lawyer in India.  It appears your said two averments are contradictory.  What is the meaning of such claim?

Technologist (Business owner)     26 February 2014

My mother's property are all inherited through her father. She did not acquire any property by herself. When the recession happened in the USA he told me that an oral family arrangement existed was invalid because of "mutation" and not registered. He said,  I need to give in writing to my mom that she could partition the property the way she wanted and according to the way she pleases. Trusting my brother then and having complete trust in my mother I gave that in writing. Later, I came to realize that the Will was drafted by my lawyer-brother and he directed my mom to sign it. I called my mom and asked her what was in the Will. She told me that only my lawyer-brother in Kochi knows about it. I called him and asked him the details. He said that the Will becomes invalid if I read it. He also said it was registered in Kochi or  Calicut in Kerala and if I get it to read before my mother's time the will becomes invalid.

Technologist (Business owner)     26 February 2014

My lawyer-brother is highly influential with politicians in Kerala. One of my class mates in India helped on a matter pertaining to a missing document which I kept in India. After this, my friend ended up having some problems and he now quit talking to me. He is the only friend I have in India. 

Kumar Doab (FIN)     26 February 2014

You have posted that:

---“ My mother's property are all inherited through her father.

If you are Hindu then as per Hindu Succession laws:

If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters

---“ I need to give in writing to my mom that she could partition the property the way she wanted and according to the way she pleases. Trusting my brother then and having complete trust in my mother I gave that in writing.

You seem to have relinquished your rights.

 

 

You must show all docs and records to your lawyer.

Technologist (Business owner)     26 February 2014

My mom has no knowledge of what is in the Will for one reason it might have been written in English and she doesn't understand or speak English well. Secondly, my mother is afraid of my lawyer-brother as she stays with him in her elder age. She simply does things according to his directions and only signs documents when my lawyer-brother approves it..

Technologist (Business owner)     26 February 2014

My mom has no knowledge of what is in the Will for one reason it might have been written in English and she doesn't understand or speak English well. Secondly, my mother is afraid of my lawyer-brother.. She simply does things according to his directions and only signs documents when my lawyer-brother approves them. This means that he knows the content of the Will and telling me that it becomes invalid if I read it. 


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