how did you reach to the conclusion that you are losing Rs. 20 lakhs?

1. you can claim whatever you are getting under protest and at a later stage, you can file a civil suit for the rendition of the accounts to clarify whether all the properties will be distributed in an appropriate manner or not?

2. A suit for rendition of accounts can be maintained if a person suing has a right to receive an account from the defendant

1. Lavk if proper information doesn't invalidate the Will.  So on this ground your challenge would be futile. 

2. The court would not give such direction.  Its your duty to trace the money and inform the court. 

3. Unless and until you can peove your brother has taken all his monies, merely on basis of your doubt no FIR would be registered. 

4. You can challenge the Will only on the ground thst its not your father's signature or his signature on the Will was obtained by force of fraud.

Check father Income tax return. Alos File RTi to obtain details from bank and post office.

Will if attested by 2 witnesses is valid. File partition suit and also file application in court to summon bank details , fixed deposits and post office from brother.

And also request court to direct executor of Will to execute partition after preparing list of assets left by father and till than stay on execution of Will.

When Will is there, inheirtion will be as per condition of Will. And you want to refuse inhertence through Will, you cannot insist intestate succession.

Can file FIR agsisnt brother but rare possibility police will register it without details of assets usurp by brother. Try to file court complaint.

Will is last testament of testator 

2) once will is executed property would devolve on beneficiaries as per will 

3₹) you cannot take the plea that property should devolve as if father died intestate 

4) executor has to apply for probate of will 

5) submit schedule if property as per will 

6) if there is misappropriation of assets file poluce complaint against persons who have misappropriated funds 

File FIR against your brother 

Hello,

Lodge an FIR and also file a partition suit.

Regards

CONSIDER THIS:
1. Matter of Father's WILL & Properties mentioned therein are private matters. IF you allege Fraud, Mischief, Cheating, etc.... THEN you would need to provide appropriate documentary evidences. The Police or Court, shall not investigate such things without basic evidences.

2. Mere mention of some untraceable properties in Father's WILL of 2013, does not expressly imply the existence of such properties in 2020.

3. IF you are not agreeable to the WILL, THEN you will have to challenge the Will in local Civil Court, on grounds of fraud, duplicate etc....

-  Under the Indian Succession Act ,a WILL is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death.

- After the death of a person, his property devolves in two ways - according to his WILL i.e. testamentary, or according to the respective laws of succession, when no WILL is made.

- Further, a WILL is intended to dispose off property. There must be some property which is being given to others after the death of the testator.

- AND further , a WILL can also be challenged on the ground of Fraud, Coercion, Undue influence, Suspicious nature, Lack of due execution, Lack of testamentary intention, Lack of knowledge and approval.

- Hence, if the said WILL was not executed for the purpose to resolve the issue arises in future , and details of all assets & property , then the genuineness of the WILL can be challenged by the legal heirs.

1. Yes, you can challenge on this ground .

2. Yes, you can file a suit for the Rendition of accounts and to produce the details of all assets & properties left by the deceased.

3. No, this dispute is civil in nature , and an FIR cannot be lodged . 

Good luck and dont forget to rating Positively. 

1. You can challenge the will but you must have detail of the investments by your father or you have to make concerned departments as party to the suit for partition to bring required details of investments. 

2. Yes you can request court for appointment of local commissioner for finding the details of investments mentioned in the will. 

3. FIR can help you police may not register the FIR as it is civil matter 

1. See you can file for appoint of an executor if the executor is not named in the will further in case there us will hindu succession act will not apply even if the will is not registered. So in case executor is appointed he shall distribute the amount.

See you need evidence that brother has taken funds illegally to file FIR also in case will is present the Hindu succession act will not apply.

1. You can challenge the Will or even can file a probate of Will petition to probate the Will.

But without the details of the said savings certificate your claim in that respect may not be entertained by court, you somehow have to collect the details of the FD or postal savings certificate, you may peruse the income tax returns of your father from the year 2013 or even befor that to have a clue about this.

2. The executor cannot act beyond the recital of the Will.

If the details of the said savings certificates are not available even the executor cannot do anything about it.

What will be the base for the executor to lodge a criminal complaint and against whom?

Do you have any proof that your brother embezzled the money?

If no, then you cannot take any action on this, hence you may collect the details first and then plan to take proper legal actions on this.

3.What is the proof for your allegations against your brother?

Do you think the police will entertain you without any proof on such allegations?

If Will is there and it is a valid Will then the properties can be distributed to the beneficiaries as per the bequest made in the Will.

You cannot take a separate route until this has approval of all the beneficiaries of the Will.

What do you think FIR is about ?

If there  is a Will bequeathing the property to the beneficiaries, then you can enforce the Will through court of law by filing a probate case seeking probate of Will.

Police has nothing to with this civil matter.

Moreover if your brother wants to enforce the bequest made in the Will, then he may approach court on that aspect,  the court shall go by the law and not by  anyone's whims or fancies.

If your brother insists the property distribution on the basis of the Will and the Will is a legally valid document then the court cannot entertain you for an intestate succession.

1. Yes you can

2  yes as well as file FIR for cheating

3. Yes it's should be as per will only

A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death. In your case the will is wrote on 2013. And your father died in 2019. In his life time he can use / alienate the moveable and non movable assets as per his wish. The details  in the will are insufficient  for getting a legal claim.

Challenge the will in court as it does not have specific DETAILS of fixed deposits or post office deposits and I cannot accept will in parts.

 As per succession act the property distribution done only in available assets of deceased person. If you can’t give the details of assets properly how can win your case in a court. So trace out the details of

Bank fixed deposits, kisan vikas Patras, National saving certificates and MIS of post offices if you want challenge the will.

Please do understand that in civil nature case the police are not file FIR. If there is a fraud or cheating is done then it your duty to prove the same.EXECUTOR of will could not act  beyond the recital of the Will.

1. U registered will is invalid. Can be challenged. 

2. Here property will be distributed as per hindu succession act and not per will if challenged in court. 

3. You can file complaint to SP once this Corona thing is over. 

Thanks 

1. The will has been drafted in the most cavalier manner if the details of investments are not mentioned. Perhaps it has not been drafted by a lawyer.

2. You cannot challenge the will on the ground that it ambiguous.

3. On the mere belief of embezzlement of money you cannot prosecute your brother. You have to lead evidence to prove it. So FIR is not made outf.

4. Executor cannot trace the investments.

5. File an application under RTI to all banks/financial institutions to seek details on investments made by your father.

Dear querist, 

The proper course of action is to file a probate case in the court having jurisdiction alongwith the letter of adminstration from the court seeking that you should be made the executor of the will and that property should be relieved as per the will. Once you get the probate done it will be a court order according to which the court will say that the will is correct and last will of your father. You will be able to execute the will as per the wordings of the will as the law of the land is very clear in this aspect that the will is to be read as whole, it cant be read into parts. That will be a better recourse for you as in case you will file a FIR the authenticity of the 'WILL' will be questioned and you will have to file a Probate case after that. 

You can contact me for consultation. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

File a suit for cancellation of the alleged will, in case you suspect your brother of being involved in some foulplay.

Seek an order of status quo, so that no further loss is caused to you. 

Consult an expert local lawyer specialising in civil matters.  

Dear Sir,

This being a property share and hence a civil case. You are suggested to file the case in court for the share of properties as per succession act. 

immediately file complaint against your brother 

Yes you can file police case against your brother for embezzlement of money.

Once Will is executed by bequeathing property by the deceased, i.e., Will is the last wish of the Deceased to be followed in letter and spirit of his wish.

You need to apply for probate of the Will by giving the details of properties i.e., schedule of immovable and details of movable properties.

Further, you can file an application before court of law seeking injunction against your brother from dealing / creating third party interest / selling the properties.

Certainly filing of police complaint (FIR) and Injunction Suit against your brother will help you.