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Brother got all my mothers property on his name by fraud
3 months ago
My father bought a property and registered on my mother’s name. My father passed away and now my mother also passed away. Now my brother is showing a will that says all the property is on his name. He used fraudulent means to get fingerprints of my mother. What options do i have? What should i do now. Please suggest.
A.Dear Client,
Section 61 of the Indian Succession Act, 1925 expressly states that a will that has been caused by fraud or coercion, or any importunity that takes away the free agency of the testator is void. Any will that has been made in the absence of the free will of the testator can be challenged in the Court. As per Section 63 of the Act, 1925, a will must be made by the testator and duly signed by them, along with the signature of two witnesses, in the presence of the testator, witnessing that the will belongs to them. If any of these is not present, there is a lack of due execution in the will and the same can be challenged in a court of law. Any conditions of a will that are illegal or immoral can be declared void under Section 127 of the Indian Succession Act, 1925. You can challenge a Will based on a lack of testamentary capacity. This means that the person making the Will was unaware of the consequences of making and signing the Will. In such a case, you must prove that the testator was not mentally healthy when making the Will. Under the Indian Penal Code, the time limit to challenge a registered Will in India has been set as up to 12 years after its drafting. However, the more time passes before contesting a Will, the higher the burden on the challenger to prove its flaw. You being a close family member, can challenge a Will in the Family Court or High Court. So, It is advisable to challenge a Will in the court as early as possible to prevent its execution. If the person challenging the Will succeeds, the Will is termed invalid. Reach out to an experienced Advocate for guidance and steps to resolve the matter in the right way.
Section 61 of the Indian Succession Act, 1925 expressly states that a will that has been caused by fraud or coercion, or any importunity that takes away the free agency of the testator is void. Any will that has been made in the absence of the free will of the testator can be challenged in the Court. As per Section 63 of the Act, 1925, a will must be made by the testator and duly signed by them, along with the signature of two witnesses, in the presence of the testator, witnessing that the will belongs to them. If any of these is not present, there is a lack of due execution in the will and the same can be challenged in a court of law. Any conditions of a will that are illegal or immoral can be declared void under Section 127 of the Indian Succession Act, 1925. You can challenge a Will based on a lack of testamentary capacity. This means that the person making the Will was unaware of the consequences of making and signing the Will. In such a case, you must prove that the testator was not mentally healthy when making the Will. Under the Indian Penal Code, the time limit to challenge a registered Will in India has been set as up to 12 years after its drafting. However, the more time passes before contesting a Will, the higher the burden on the challenger to prove its flaw. You being a close family member, can challenge a Will in the Family Court or High Court. So, It is advisable to challenge a Will in the court as early as possible to prevent its execution. If the person challenging the Will succeeds, the Will is termed invalid. Reach out to an experienced Advocate for guidance and steps to resolve the matter in the right way.
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A.Dear Client,
Firstly, gather all relevant documents, including the property documents, will, and any evidence of fraudulent means. Consult with a legal professional specializing in property and succession laws to thoroughly review the documents and assess the situation. If the will is suspected to be obtained fraudulently, your legal representative can guide you on challenging its validity through legal channels.
Consider filing a case challenging the will and asserting your rights as a legal heir. Legal avenues such as contesting a will or filing a suit for property rights may be explored. It is vital to act promptly, as property matters often involve time-sensitive legal procedures. Providing all necessary evidence and documentation to support your claim is essential.Remember that legal proceedings can vary based on jurisdiction, so it's crucial to consult with a legal expert familiar with the specific laws applicable to your case. This will help you navigate the legal process effectively and safeguard your rights in the matter.
Thankyou
Firstly, gather all relevant documents, including the property documents, will, and any evidence of fraudulent means. Consult with a legal professional specializing in property and succession laws to thoroughly review the documents and assess the situation. If the will is suspected to be obtained fraudulently, your legal representative can guide you on challenging its validity through legal channels.
Consider filing a case challenging the will and asserting your rights as a legal heir. Legal avenues such as contesting a will or filing a suit for property rights may be explored. It is vital to act promptly, as property matters often involve time-sensitive legal procedures. Providing all necessary evidence and documentation to support your claim is essential.Remember that legal proceedings can vary based on jurisdiction, so it's crucial to consult with a legal expert familiar with the specific laws applicable to your case. This will help you navigate the legal process effectively and safeguard your rights in the matter.
Thankyou
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