• Regarding mother’s will

My elder brother is not showing me my mother will.i want to see my share in the house am living in.Mother died last year.She made a will equally divided between four sons as what i have heard.Everytime i ask him to show me the will ,he deny it and not show me.what can i do to get the copy of the will .what should i b legally doing ???
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

1. if your brother is refusing to part with the Will then you can presume that she has left no Will at all.

2. if that is so then you are entitled to undivided equal share with your other siblings and your father, if he is still alive.

3. In that context you can file a suit for partition to claim your due share.

4. Once you file the suit for partition he then can be forced to disclose the Will to protect his interest.

5. You may note that making a false Will is a criminal offence.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) If he is not showing you WILL than you can apply for partition of the property as per the legal heirs distribution of property after parents deceased. See the WILL in the court or he may compromise with it.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can apply for its certified copy if the Will is registered.

Otherwise there is no way to find it unless the person hiding it comes out with it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firstly, if you know the fact that Will was made then I advice you to go to the registrar and get the copy of the will after paying requisite fees.

Secondly, they might don’t give you the copy, so I advice you to first get the legal heir certificate then show them and get the copy.

Thirdly, if you have any doubt or above two things do not work out then file a suit for share in the property in the civil court, they themself would come and show the will if not then property would be equally devided...!

You can consult me through Kanoon if like my answer, and want to know the further procedure for it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If the will is registered you can obtain a certified copy from jurisdictional sub-Registrar office .

Otherwise there is no way you find a unregistered will in that case file a partition suit the total property shall be divided in all siblings and if father alive then he will have equal share.

So anyway with or without will you get equal share as others.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) issue brother legal notice to produce will executed by deceased mother

2) if he refuses file suit for partition for division of property by metes and bounds

3) seek injunction restraining brother from selling the proeprty

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

you can issue legal notice to brother to furnish copy of will executed by deceased mother

2) you can apply for probate of the will of deceased mother

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

If he is not showing the will, you can file a partition suit before the court competent within your jurisdiction.

You can mention in the plaint that the properties left behind by your mother may be partitioned as per the will held by your brother or as per law, if he fails to produce the same before court.

If it is a registered will you may file an application before the concerned registrar seeking a certified copy

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

I know she made a will as my father and mother toghter made a will few years back.I want a copy of that will.Whats the procedure for that??

If it is not a registered will, then the best way to get it produced before court is by filing a suit in which you may seek the court to direct your brother to produce the will before court.

He has to obey the court order otherwise he will be at loss.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

If it is register than apply for certify copy of WILL from sub registrar office. Hire some Local Advocate.

Or file partition suit in court and file application under O 16 R 14 of CPC.

Order 16 Rule 14 of the Code of Civil Procedure empowers the Court to summon on its own any person to give evidence or to produce any document in his possession if the Court is satisfied that the evidence of such witness is necessary to arrive at a just conclusion.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

file a suit of partition and your brother will turn up with the will if he have the objection to partition. This is the quick way out by filing a suit in the civil court making all of the shareholders as party to the suit you will know and get your share.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Please try to get the certified copy of the will if it is registered.

You can file a partition suit for the same.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

If it's a Registered will you can get a certified copy from sub registrar office. Else you can file a suit for the same in court.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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