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anil kapoor (President)     23 April 2012

Un-married daughter's rights in parental inheritance

Mr. RS suddenly died in 1989 at the age of 50, leaving behind 8 daughters and 1 son and a wife who is educated around 5th class and was around the same age. Mr. RS also left businesses and properties over 100 crores of Rupees. All daughters except one are married. Son is married too. Mrs. RS also died about 5 yrs ago. The un-married daughter went abroad to pursue her career further. About 4 yrs ago, the unmarried daughter returned to India for a short vacation. She went to her parental house as usual. However, the brother did not let her into the house. The brother and his wife were very abusive and used physical force with her (un-married daugher). She filed a domestic violence case, which got her no success and relief. Finally, she filed a civil case in high court and found out that the brother has forged all the documents including her late father's will. The brother and his wife also got documents signed by late mother, without and of the sisters knowledge. The brother and his wife collects rents from parental properties, in more than six figures. Now that the brother and his wife, have so much money each month from rental properties, they are playing with the legal system of India, which is so weak to begin with. The brother keeps on changing lawyers and applies all kinds of tricks to prolong the case, hoping that the sisters will either die or get tired and they will disappear. In this case, what can the single un-married daugher do, to clip the wings of her brother and his wife, by removing all assets and inheritance of her parental properties and the income the brother and his wife receive each month and the parental house in which they live, from their posession? The un-married daughter have also filed a criminal case against the brother, his wife and another family member, in who's name the parents house have been transferred. I am looking for expert opinion/s, on behalf of the un-married daughter, how she can get justice soon, since high court hearings average 2 per year, for her case. With this average, the cases may drag on for another 20 years adn then who knows what will happen. The brother and his wife, the criminals, are taking advantage of the slow system justice and it appears that criminals are thriving while the injured paries are suffering. India have lots of very intelligent people and I am seeking their advise, in this case, how to get justice for un-married daughter, sooner than later. So please help.



 8 Replies


(Guest)

Dear Querist,

 

The remedy lies in challenging the will of the father which has been forged by the brother. File a suit for partition and separate possession against your brother. A will has to be made with the personal volition of the testator.  You can challenge the will on the ground that it is not the document it was meant to be. Do apply for examination of the will by a handwriting expert who will then compare the signature of the father on the will  and on any other document signed by him, and tender his opinion to the court as to the genuiness of the same. Once the will is held as forged, all the legal heirs of the father i.e his 9 children would get an equal share in all his properties.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

1 Like

anil kapoor (President)     23 April 2012

Dear Sir:

Thanks for your excellent advice. The High Court Judge have already asked the brother to produce the original "Will" of the late father. The brother, so far attached a so called will in his earlier application in lower courts and also in High Court, too, and now when the High Court asked him to produce the original "Will", he (the brother) says that the original "Will"  which was in his late mother possession, have been removed by the very same un-married sister, who filed civil case for her inheritance rights. This case was originally filed against the brother in 2006. He never before mentioned to any of the courts that the original "Will" has been removed by this un-married sister only, which is why she has filed a criminal case of fraud, forgery and criminal conspiracy against the brother, his wife and another family member. The problem lies with the courts in india where each hearing takes place in from 4 to 6 months and the criminals are taking advantage of this situation. They find an excuse to drag the case forever, for one reason or another, hoping that the injured party will either die or go away due to exaustion.

basavaraj shiromani (Advocate)     23 April 2012

first of all you hve to see the details of the will.  If it is not favorable then only you can think about challanging it.  As experts told you have to file a partition suit against your brother and according to HS amended act you are entitle to get equal share with your brother. But you have to expadite the matter by engaging a good lawyer. 

Basavaraj Shiromani Advocate.

basavarajshhiromani5@gmail.com

SAINATH DEVALLA (LEGAL CONSULTANT)     23 April 2012

In addition to the remarks of the above experts,What about the other 7 daughters,did they receive their share? Were they aware of the manupulation of the will by their brother?If so why did they keep quite?Property value is  not a small one.Engage a competent lawyer who is well experienced in dealing property matters.There is scope for your success.

K.K.Ganguly (Advocate)     24 April 2012

You have not mentioned whether any probate has been taken on the will or not. If yes, then definitely all the sisters had received notice to this effect. If not then the Will has no effect or force. The will can not be executed without being probated.

If it is not probated,

1) File a criminal case of forgery, cheating, fraud etc. 

2) File a Civil Suit claiming  the rents & obtain an ad-interin stay order in his receiving the rents till the suit is disposed off. It will clip his financial wings.

3) File a Partition  Suit.

For doing all the above, find out a reliable Lawyer who will not compromise with your brother.

 

 

anil kapoor (President)     24 April 2012

Dear Sir:

Thanks for your comments. The seven sisters did not receive their share. They also did not know anything about the brother's creation of fraud will and other documents. This was discovered, only when the un-married sister filed a partition action application and during the discovery process, the truth about fraud will and other documents, came to light. This is why, the un-married sister filed a separate crminal complaint of fraud, forgery, cheating and criminal conspiracy agaisnt her brother, his wife and others, in the High Court.

anil kapoor (President)     24 April 2012

Dear Sir:

Thanks for your comments.

 No will was ever probated.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 April 2012

The other sisters were in India only,I am surprised how they were not aware of the manupulations of their brother.All the eight sisters should have proceeded  legally against him and made the case stronger.You are sayinmg that the will was unprobated.


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