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Raghu Gogi   04 April 2017

Undue influence/lack of testamentary capacity

My mom made a WILL with house on my name and shop on my brother's name and it was registered in Chembur Mumbai. In Nov 2011, My mom got her toes amputed due to being diabetic, and got bedridden. My Mom was not in steady state of mind. My brother got greedy and made her change the WILL without my knowledge. After my mom's desmise in Nov 2016, he revealed that mom changed the WILL between me and him 50-50. I live in Canada and I don't have the copy of original WILL and also of the fraudulent forced WILL. How do I get that and can I put case on my brother for such fradulent activity? He is not showing me both the copies of WILL .


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 25 Replies

Advocate Ram Prasad (Chief Lawyer)     04 April 2017

Insufficient info.

who's prop is it? how d prop came into ur mothers hands? self acqaired /? etc nature of penrop details r needed. r u 2 bros d only children to ur mother? is ur father living? r u elder who lives abroad? how u know of d 2nd will? is it registered / not? who attested those wills? when u r away abroad how can u say if at all it as true as by undue influence etc what  sources have u verified?

Approach a local lawyer who knows to get those docs & inspet n advice u properly.

verify things before u assume anything fishy---Adv Ram Prasad Cell: +91-91777-22930

1 Like

G.L.N. Prasad (Retired employee.)     04 April 2017

As you have to necessarily enter into litigation, serve a legal notice for partition of the property.  Your advocate will guide you further, depending on how she acquired the property and whether she is having such authority to deal with that property as she likes.

1 Like

Kumar Doab (FIN)     05 April 2017

It is believed that properties are in Mumbai.

In Mumbai it is mandatory to probate the WILL.

1 Like

Kumar Doab (FIN)     05 April 2017

Were the changes in registered WILL also effected by registered WILL?

Why do you say that you mother was not in state of sound mind.

A diabetic or person whose toes are amputated and is bedridden person can also be having sound mind.

Raghu Gogi   07 April 2017

Advocate Ram Prasad, Thanks for the response.

Here are the details,

Q. who's prop is it? 
A. It is my Mom's property.

Q. how d prop came into ur mothers hands? self acqaired /? 
A. She bought it. Yup. Self acquired.

Q. nature of penrop details r needed. r u 2 bros d only children to ur mother? 
A. We are 3 siblings. Sister, Brother and I are the siblings.

Q. is ur father living? 
A. Father passed away 21 yrs back.

Q. r u elder who lives abroad? 
A. I am the youngest and lives abroad.

Q. how u know of d 2nd will? 
A. Mom made first WILL 15 yrs back. She even brought with WILL document to California to hand over to me because my brother was forcing her to change the WILL. I did not believe my mom. I had blind faith and trust on my brother. I refused to take that copy and not read it either.
My mom was diabetic and got her toes amputed on Nov 2011 and since then she was bedridden and not in stable mental condition.
She told me to give him Rs.500 (Five hundred) many times from my share, so that it will help out.
After my mom's demise on Nov 2016, my brother told my sister that he had made my Mom change the WILL in 2012.
As per the new WILL, he divided my mom's property (House and Shop) in two (50% between him and me)


Q. is it registered / not? who attested those wills? 
A. My brother says it is registered. I have NOT (CORRECTION) seen the original WILL as well as the changed (new) WILL.
My cousin brother confirmed that my brother made him signed as a witness but he doesn't have many details on it.

I don't know who attested those WILL.

Q. when u r away abroad how can u say if at all it as true as by undue influence etc what sources have u verified?
A. As I mentioned that my mom told me to give him Rs.500 from my share.
She was not in a stable mental condition. Her toes were amputated. She cannot walk.
She was bedridden completely. She told me on my visit in the year 2011 that my brother blackmailed her, by saying if she doesn't change the WILL then he will leave the house with his family, leaving her alone at home.
Basically, he forced her to change the WILL.
He told my sister that he doesn't need her NOC.
I have a doubt if he had made my mom do the gift deed.
He is not showing us the documents.
I need help and justice from the law and put these frauds behind bars, that includes my cousin brother.

Raghu Gogi   07 April 2017

Thanks G.L.N Prasad.

I live in Canada. I don't know how to proceed from here.

Raghu Gogi   07 April 2017

Thanks, Kumar Doab for the reply.

Right now, I don't know if my brother forced my mom to amend the original WILL or made Gift Deed.

He is not showing us the document.

I don't know how to proceed, as I live in Canada.

She could not recognize most of the people.

She even could not recognize my brother in law.

Her memory was active intermittently.

She was threatened very badly.

Kumar Doab (FIN)     07 April 2017

The WILL should be by free will of testator.

Not by coercion,fraud.

In any case it is mandatory ot probate the WILL in Mumbai.

You can contest on merits and evidence.

 

 

Kumar Doab (FIN)     07 April 2017

Obtain the mutation records with all link docs from authority under whose jurisdiction property falls.

Gift should also be by free will and wiothout any coercion, intimidation, pressure etc...

 

Engage a very able counsel of unshakable repute specializng in such/property/civil matters.

 

 

Raghu Gogi   07 April 2017

Kumar Doab,

How can I get a copy of both registered WILLs or Gift Deed from Canada??

Kumar Doab (FIN)     07 April 2017

Log onto website of Authority and Contact the O/o Authority under whose jurisdiction property falls.

Inquire their procedure.

Or entrust to someone you trust or your own counsel at Mumbai.

 

Raghu Gogi   07 April 2017

Kumar,

The WILL is supposed to be made by Testator.

It is basically the WILL decided and made by my brother through my Mom.

Raghu Gogi   07 April 2017

Kumar,

Do you have the website link?? Can you please share me??

Thanks for all your help and info.

Truly appreciate it.

Kumar Doab (FIN)     07 April 2017

What and which website?


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