We are 3 brothers,we have some an ancestors property. After death of my father ,some of our land is having all our 3 brothers name and some having only mothers name (may be due to government policy of wife's share) . she is 78 years old (illiterate)and stays with my older brother. Now while distributing property he is torturing us like he want biggest part of property else he will make a will and grab a whole share of mothers part. So is this correct that as a son can we (remaining 2 brothers)claim on that or not. As he is greedy for land and money. Is there any way...we can go to court if such thing happened about mothers share?
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during mother lifetime you have no share in property standing in her name
2) on her demise property would devolve on 3 children equally
3) you can file suit for partition for division of property by metes and bounds
4) your brother cannot dictate terms that he should be given biggest share of property
Can he(older brother) make a will as 1)mother is giving her land as gift to him or 2) (directly transfer) land from her name to his name (as she is 78 years old and illiterate he will ask or force her to do so)? 3) if this happens can we (remaining 2 brothers) go to court for justice ? As our families are going to suffer due to this
mother can execute gift deed in favour of eldest son
2) gift deed should be duly stamped and registered
3) you can file suit to set aside gift deed on account of coercion or undue influence
Ye stou can go to the court challenging such will being against the law of the land. Also you can challenge the will saying that the same has been obtained by fraud.
Rather you may consult a local lawyer and file a petition suit as early as possible.
Regards
1. Your mother can give those rporpeties toyour elder brother which are satnbding solely in her name.
2. However the properties left by your father will be liable for equal division among all of you and hence your 1/4th share cannot be taken away.
3.So if you think you are getting deprived of your share better file partition suit immediately and seek injunction on transfer of proeprty so your brother may not indulge in any forgery or mischief.
Hii, if he make a forge WIIL of your mother in his favour , he may claim over her share in future .. However, you will be Able to challenge it in court , but after the demise of your mother it will be very difficult to proove it as a forged document .. What you can do is , prepare a WILL , in which all you brother have equal share in her property and get it signed by her
The share of of property that belonged to your mother shall be her own and absolute property and during her lifetime nobody can claim any right in it.
She may bequeath the share of her property to anyone of her choice.
If you suspect the Will to be manipulated or fabricated or forged or obtained out of force or coercion or playing fraud, then you may challenge the same when your brother is trying to bring it on force after the lifetime of the testator.
You cannot initiate any action on a non-existent will.
You cannot dispute this transfer done by your mother during her lifetime.
If you suspect foul or fraud in this then you may have to establish the same proving your mother's mental illness and your brother's fraudulent activity with substantial evidence or else this may not sustain and you cannot achieve anything rather you will stand losing your money, energy and time.
Think about it in a wiser manner and take proper decisions at proper time.
1. He is nobody to make a will of the property which is in your mother's name. Only your mother is competent to make a bequest of her property.
2. Your mother though is at liberty to give her property to anyone she desires. The owner of a property is under no obligation to give equal shares to all his heirs at the time of division/gift or making a bequest.
3. You cannot challenge the gift deed except on the ground that her consent to gift the lion's share of the property to her elder son was induced by undue influence or coercion.
