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Registered will and its validity

Page no : 2

Technologist (Business owner)     26 February 2014

How so? By obtaining a signed document from a minor to do an illegal act does not override existing laws. Neither anything becomes legal if one gives another a permission to do contrary to law and that too with a malicious and ulterior motives.

One thing my father advised my mother to do at the time of a oral family arrangement (which was cancelled by my lawyer brother) was to pay property tax on one of my mother's inherited property in my name. The tax is still paid in my name for several years. 

Technologist (Business owner)     26 February 2014

I have not relinquished my rights.

Technologist (Business owner)     26 February 2014

I'm sorry but I did not explain my situation in detail or clearly. At this point in time, I have no money even to go see my ailing mother in Kerala and my house in the USA is in foreclosure. This is how bad my current finances are. I would like to retain an attorney as and when my financial situation changes as I believe the recession in the USA is not a permanent one. My apologies for making things not very clear in these emotionally and economically hard times.

Technologist (Business owner)     26 February 2014

With due respect, I may say that in my first post I mentioned this

"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."

Despite the fact that I became gradually poor on account of great recession in the USA, through no fault of my own, I would like to hire an attorney in India to battle out any injustice done on me through court of law with a compassionate and honest lawyer.

This is my hope for now. 

  

T. Kalaiselvan, Advocate (Advocate)     28 February 2014

Lastly, you still have a chance to regain your share in the property by challenging the probate of the Will in the court where the Will will be filed for probating the same.  With no money now to even attend the funeral or to retain an attorney or for getting to know the procedures to learn about the validity of the Will, the last chance left with you is to challenge the Will while it is filed for probating before the court.

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Technologist (Business owner)     01 March 2014

Originally posted by : T. Kalaiselvan, Advocate


Lastly, you still have a chance to regain your share in the property by challenging the probate of the Will in the court where the Will will be filed for probating the same.  With no money now to even attend the funeral or to retain an attorney or for getting to know the procedures to learn about the validity of the Will, the last chance left with you is to challenge the Will while it is filed for probating before the court.

 

White I thank you for this advise, I would like to know precisely how probating before court works. My lawyer-brother told me that the Will was registered. Does probating means,  notifying the tax authorities and distribution of estate by a representative of the family. I'm the eldest. Do I get the selection as a personal representative?

I am a Hindu married to a Christian in the USA. I practice Hindu religion so do my wife and my child. Does the Hindu succession act and Malabar "Marumakathayam" law come into play ?

How do I challenge a Will which was written in my absence that too likely made out of undue duress and cohesion? How do I prove the invalidity of the Will after my mother's time even though my mother is alive and she is afraid of telling anything about it on account of fear of my lawyer -brother as she lives with him. She told me that she, she did not know what was in the Will. Only my lawyer-brother knows about it and she signed it as he asked her to sign it.

Technologist (Business owner)     01 March 2014

Is Probate a must in Kerala State? I know that the laws are somewhat different in Malabar district where the property is situated. 

As the Will is written by my lawyer-brother, it is likely that he might have included himself as the executor of the Will. Does this crooked thing possible even though I am the eldest?

What happens to the gold and Jewelry of my mother? I came to realize from my other brother that the lawyer-brother already removed all of her Gold and diamonds a few years ago and she had nothing to wear except cheap Zirconium earrings which she found out when one artificial jewel came off from the earring. The Gold smith told her that it was a fake and she was surprised and blaming the Gold smith of stealing the real diamond.  

Only I have a daughter as my mother's grand daughter. Is this the reason why my lawyer-brother had done this? 


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