Will exists or not

na

Dear Lawyers and  members,

   My friend is faced with following problem, his father has three daughters, 2 sons (one is my friend) and his mother. No one is aware if his father has left a will or not. His brother is not in talking terms with him due to some issues. His mother is staying alone in an estate worth few crores.

    What should my friend do to know if there exists a WILL or not. He's bit shy as he is the youngest of all. But he wants clarity.

Please help him with your points.

Thanks,

Pradeep

 
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Advocate

Pradeep, How did your friends's father acquire the property...? ( Self acquired, Inherited , Partition)

Based on this answer, we can guide you.


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na

Dear Advocate Vishnu,

     The estate in question is father's own property aquired by his father out of his own money (Self Aquired by his late father).

     Mother has no idea that father has left will or not, just before death his father was in his brothers' house after hospitalization, his brother too is silent.

     Please guide what my friend should do to know if the will exists or not. Sisters are far away and never took care of father only my friend and his brother have taken care off for about 15 years after his father retirement from service. He is feeling bad b'cos now the sisters are hell bent on equal share. 

     Is there a law to factor in the efforts of sons ? My friend quit job to take care of his dad three years back. WIll he get justice for his role in looking after his Dad. His Mom is totally against daughter's sudden move. His brother borrowed money for medical care as well, daughters never took care of parents at all.

    Everyone is cautious and silent about their move, my friend though 'well to do feels' equal share will be gross injustice to him and his brother, so thinks his mother.

Please advice. Thanks in advance

 
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Advocate

Pradeep,

In the absence of a WILL, the property will be equally divided amongst all the legal heirs of the father. If the father has 5 legal heirs ( Mother, 2 brothers, 2 sisters) then each is entitled to 1/5th of the share in the property. If there is a WILL, it will have to be probated , otherwise it cannot be brought into force and my earlier statement will hold good. If your friends's brother initiates probate proceedings, your friend will receive a legal notice and it is only then we will ever know the contents of a WILL. I would suggest, you go for a proper partition of the property to avoid any legal problems in future.This will ensure, that your friend gets his rightful share. if they divide now, along with their mother they will get 3/5th of the property and may be your friend can negotiate with his sisters to give their mother a larger share than permitted by law as a humane gesture. I understand he must have put in a lot of efforts to take care of his father, but whatever I've stated above is the correct legal position.

 
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na

Dear Advocate Vishnu sir, Thanks for your inputs, my friend read your message few minutes back. He is happy for the response. Thanks You, Pradeep, Thirussur

 
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