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Undue influence/lack of testamentary capacity

Page no : 2

Raghu Gogi   07 April 2017


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

So, do you have the link of website??

Kumar Doab (FIN)     07 April 2017

You alone would know which authority it is, e.g; MC.



G.L.N. Prasad (Retired employee.)     07 April 2017

If the will is registered, you can obtain certified copy by paying nominal fees to the jurisdictional Registrar where the property is situated.

This is not a simple problem and at no cost it can be settled through forum replies.  You have your short comings as you are abroad and can not make many things happen.

The sympathy is always with those who looked after her in India all these years and atleast appear to have cared for her.

Entrust this to competent advocate,.  The legal process is very difficult in India.  It is time consuming and good money has to be wasted and it irritates and you may lose balance some times.

Arrange a family meeting get things sorted out though there is a minor loss and it is your brother who is being benefitted not any outsider.  If it is your money, it is destined to come to you in other ways and God may not neglect to care for thoser sacrifises if any.  Be benovolent, keeping the mental peace and dwindling family relations in a country where Rama has taken birth  in mind.  .

Decide yourself as you are matured and better understanding.

Raghu Gogi   07 April 2017

Ram Prasad,

There is a correction.

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.

Read more at:


Kumar Doab (FIN)     10 April 2017

The witness that has signed, is ought to know the details.

Raghu Gogi   10 April 2017

@ Kumar,

One of the witnesses is my cousin brother. He may have got the commission for signing as a witness.

I am yet to find out the second witness.

They seem like partners in crime.

Even after making my mom change the will, the mom (before her demise) still kept saying that the house is mine.

I am sure, she is not aware what she was made to do.


Kumar Doab (FIN)     11 April 2017

If the witnesses depose in your favor or you prove the coercion, intimidation, fraud the Probate may not succeed.

Raghu Gogi   11 April 2017

Is there a way of finding what is registered, a WILL or a GIFT DEED???

I cannot travel to India at the moment.

I need a copy of a WILL or GIFT DEED that is registered.

Who can do that?? 


Raghu Gogi   27 April 2017


I have contacted the lawyer who prepared the WILL. After telling my concern, he spoke to my brother to give the copy of WILL to me and my sister. My brother is not ready to give. Lawyer mentioned that we have rights to get the copy of WILL. He is still shameless and adamant. He does not want to give the WILL document.

I don't want the probate of last amended WILL to succeed since my mom was bedridden and my brother forced my ailing mom to change the WILL.

Please advise me the next set of actions.

Kumar Doab (FIN)     28 April 2017

The lawyer is right.




Kumar Doab (FIN)     28 April 2017

You have posted earlier it was registered WILL.

The WILL if amended might have also been registered.You can obtain copy from registering authortiy if it was WILL. 

The lawyer must have confirmed to you it was WILL or Gift deed.

If it was valid/registered gift deed then court alone can revoke it.



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