Elder son deprived through will
we are four brothers and three sisters and I am the oldest son. my father brought a land in prime area of Agartala,Tripura in my mothers name. father died long ago and my mother died on january 2010. my mother first made a will equally among four brothers.after that she changed the will and given the total property equally to the youngest brother and wife of third brother. i didn't know anything about both the cases taking the advantages of my faith in them and love and also i lived my life out of Tripura. my age is above seventy yrs. and having no pension.due to my age, poverty, and distance from kolkata (now i live in kolkata) i am helpless and in sufferings.i think they have not taken the probate of the will. considering the above is there any way of getting legal help?
Asked in Property Law from Kolkata, West Bengal
u have no option but to file a partition suit amongst urselves as legal heirs, when contesting they will come up with will and whether it is probated or not will be clear, what is the value of the property? u can draft all the suits from me on payment of fees
According to you the property was purchased by your father in your mother's name. Do you have the receipts whereby the purchase price of the property was paid? Was this property mutated in your mother's name? What does the sale deed say as to the purchase price? Since your mother did not pay the purchase price of the property you can challenge the will on the ground that she could not have made the will in the first place. Show the title deed to a lawyer so that he can enlighten you about the chances of success.
file partition suit . contact a local lawyer . check out whether probate obtained of will or not
Hi. file a suit for partition and challenge the alleged will as it has not executed in a proper way.
Prima facie it might be felt that mother could bequest the property on the strength of its owner,mother is only for name sake, but, in fact the fund raised by your father to purchase the property.So,it is ancestral property as far as heirs are concerned and therefore Will is liable to be challenged in an court of law.