The property is in Tamil Nadu India. My father acquired ( not inherited ) this property. 30 years back, he wrote a will stating, my mother can enjoy the property, but can not sell or give away the property, and after her demise I should inherit the property and registered the will.
After my father's death, my mother lived in that property for 25 years. While she was living there, I moved to USA. During that period, the patta name was changed from my father's name to my mother's name.
While she was living in that house, my elder sister also lived with her and taking care of her. My younger sister, took my mother to the Registrar office, based on the patta changed to my mother's name, made my uneducated mother to write a will her stating the property should come to her possession after my mother's death and registered the will.
After my mother's death, my younger sister made my elder sister to evict the house by locking it. As I said, I am in USA.
1. Is my mother's will valid?
2. What should I do now?
3. An attorney suggested me to validate my father's will by filing in the court. Is that enough or something else I need to do. ?
4. How to reoccupy the property?
Thanks for your answers.
Asked 15 days ago in Property Law
Thank you for all your answers. I have some additional questions. Kindly let me know.
1. Since I am living in USA, is Power of Attorney mandatory? If not, how to proceed?
2. I understood from you that I need to probate. How that differs from declaration? Are they same? (One Attorney suggested me to go for declaration, not probation)
To give further insight into my case, which I failed to write in my initial submission, I wish to add this:
After my father's death, my younger sister refused to evict or pay rent to my mother. My mother went to the court and the case was adjudicated in favor of my mother - evicting my younger sister from the property and pay for the cost.
Once again, thanks for all your answers
Asked 13 days ago
Thank you everyone for your time and advices. I am trying to reach Mr. Swaminathan Neelakantan. No phone number listed. Sent a Linkdn connect. My address: [deleted]. Thanks again.
Asked 11 days ago