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Sidhhi   29 July 2025

Stay order against foul will by parents!

Honerable Experts,

Kindly guide if it's possible to obtain stay against a foul Will by the parents who have back stabbed the eldest son who contributed maximum for family business and was forced to move out due to ill treatment post his marriage!

This query pertains to the Jurisdiction of Kerala in the city of Kochi/Ernakulam 

It's the business money that was used to:

1) Build a Bungalow but the eldest son is being deprived at the behest of married daughter.

2) For buying the land in the name of mother out of love but now she is hell bent on depriving the eldest son.

All the pleadings of eldest son for fair distribution of assets have fallen on deaf ears and its do or die situation for him as he toiled and contributed maximum in the business.

Kindly give your best considered opinion. TIA



 5 Replies

P. Venu (Advocate)     29 July 2025

If the elder brother has invested in acquiring the property, he can initiate a civil action. But there could be no certainty as to outcome. The provisions of Prohibition of Benami Property Transactions Act could be applicable in the given facts.

Sidhhi   29 July 2025

Sir, thanks for your opinion. How to get certified copy of the purported registered Will necessary to understand it's content and false narrative cooked up in it. Regards 

T. Kalaiselvan, Advocate (Advocate)     30 July 2025

You may please note that the Will shall come into force only after the lifetime of the Testator and not before that, hence even if you are managing to get a copy of the registered Will, you cannot challenge the same in court of law because it is not valid at this stage when the testator is alive.

The testator can change or cancel the Will anytime during his/her lifetime. 

If you feel tht you have contributed to the purchase of the property and feel deprived of your rights in the property, you can gather documentary evidences to establish your claim and file a suit for partition cl;aiming your rightful share, if any, in the property with separate possession, the court may decide the case on merits.

Dr. J C Vashista (Advocate )     30 July 2025

Very well analysed, opined and advised by learned senior experts, I concur and nothing more to add.

As observed from your profile it is not your personal problem vis-a-vis query.

R.K Nanda (Advocate)     30 July 2025

File suit for possession and partition in court to get your share in property and you can also challenge said will in court. 


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