• To claim to see my dead fathers property will from my mother

I want to calim to see my dead fathers will many times to my mother & elder brother but they never showed it to me.so i want to charge them legaly to show the will & if i have no equal right on the property then i want to claim my property.
Asked 3 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) you can issue legal notice to your mother and brother to claim your 1/3rd share in property on your father demise as your father died intestate 

2) in reply to legal notice if there is any will your mother and brother will rely upon the will of your father if you have been disinherited by your father

3) you can file suit for partition to claim your share in property 

4) in  Kolkata probate of will is mandatory 
Ajay Sethi
Advocate, Mumbai
44265 Answers
2570 Consultations

5.0 on 5.0

1. You cannot legally compel them to show you the will.

2. If the will is registered then you should be able to obtain a copy of it from the office of the local registrar by paying the nominal charges.

3. You can file for partition in the court to claim your share in the property of your deceased father. If a will has been made by him then let your brother and mother produce it in the court whereupon you may challenge it. 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Instead of demanding the Will for knowing the contents, you may file a suit for partition and seek your share in the property and separate possession.  This will provoke them and they will come to the  court wot the Will, if there is any, after which you will come to know the contents of will automatically. 
T Kalaiselvan
Advocate, Vellore
34425 Answers
370 Consultations

5.0 on 5.0

The will if any cannot be probated unless you are given due notice of it. However if you are wary about your relatives conduct you might chose to file a caveat in the court in order to ensure that the court itself informs you of the probate application filed on your faathers will. till such probate is granted you have nothing to worry.

If your concern is that you have rights in the will and the others are hiding such rights from you then you can simply file a title suit and partition suit against the rest claiming your share. this will force them to come up with the real will. 

Once you get the will the job becomes easier. 
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.9 on 5.0

1. It is your right to see your deceased father's WILL and you are entitled to a copy of the same and your mother & elder brother cannot refuse a copy of the WILL.
2. In case they refuse to give you a copy of the WILL, you can serve them a legal notice and exercise your right.
3. In the alternative, if the WILL is a registered one(registration of WILL is optional), then you can get the certified copy of the WILL from the Sub-Registrar's Office, where the WILL was registered.
4. The deceased person's property would devolve to the beneficiaries, as stated in the WILL.
Shashidhar S. Sastry
Advocate, Bangalore
1617 Answers
107 Consultations

5.0 on 5.0

If the will is registered then u can obtain a copy from the sub registrar office. Meanwhile u can file a partirion suit to claim ur right in the property. If the will is suspicious then challenge the same in the court while partirion case is filed.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
843 Answers
63 Consultations

5.0 on 5.0

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