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Author Topic: How to Present ( Open ) a will to family members ?  (Read 318 times)

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Offline alphy

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How to Present ( Open ) a will to family members ?
« on: September 27, 2016, 01:17:57 AM »
Hello,
A house is in my father's name. The house was actually built using my own money and I do have proof of giving money from my own bank account & to give him respect & pride, we family members registered it in his name ( Electricity bill, municipal tax etc )

While he was alive my father made a will & registered it  & showed it to me. My brother got suspicious & found out that my father had made a will so he started acting like a thug & harassing all family members. After my father died he made our lives miserable so I did not even talk about the will & moved out of the house.

Almost 10 years since he died, I still have not shown him the will but now I am old, no income & need that house to survive.
Here are my questions & would appreciate any legal advice that members could give.

(1) Is there a time limit on the validity of a will ?

(2) I had collected the registered will from our advocate before my father died & has been in my possession since then. My sisters knows all about the will & have signed the will as two witnesses. So did my mother & she also died.
I know the procedure of transferring the property in my name & he is not going to make it easy but before I start that procedure, am I legally bound to show him the will & if yes, how ? I mean do I need any one else besides my two sisters to show him the will ? Am I obligated to show him the will ?

(3) Have I broken any laws by keeping the will in my possession for over 10 years & not opening it & showing him ? My reason is that I was under duress ( Fearful of him & him retaliate even harder ) & so were my 2 sisters who signed the will as witnesses.

(4) He has taken the full control of the house including changing the locks & talks about building another story over it. Can I file an injunction to give us all the keys & right to enter as well as stopping him from building further on top ? How long would it take to get an injunction ?

I would appreciate any legal advice.

Thank You

Offline adv.amarnath

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Re: How to Present ( Open ) a will to family members ?
« Reply #1 on: September 30, 2016, 08:59:55 AM »
(1) Is there a time limit on the validity of a will ?
Ans: No, but court may get suspicious for delay in filing of Probate of a WILL

(2) I had collected the registered will from our advocate before my father died & has been in my possession since then. My sisters knows all about the will & have signed the will as two witnesses. So did my mother & she also died.
I know the procedure of transferring the property in my name & he is not going to make it easy but before I start that procedure, am I legally bound to show him the will & if yes, how ?
Ans NO
 I mean do I need any one else besides my two sisters to show him the will ? Am I obligated to show him the will ?
Ans: NO

(3) Have I broken any laws by keeping the will in my possession for over 10 years & not opening it & showing him ? My reason is that I was under duress ( Fearful of him & him retaliate even harder ) & so were my 2 sisters who signed the will as witnesses.
Ans:NO

(4) He has taken the full control of the house including changing the locks & talks about building another story over it. Can I file an injunction to give us all the keys & right to enter as well as stopping him from building further on top ? How long would it take to get an injunction ?
Ans: yes, you can get injunction.

** You know very well that you have deliberately or due to laziness you have not filed Probate Case and you have to suffer for same. I am sorry to say you harsh word but I believe you must know the facts. At the end you will get relief
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline alphy

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Re: How to Present ( Open ) a will to family members ?
« Reply #2 on: October 16, 2016, 02:11:57 AM »
Dear adv.amarnath ,

First I am very grateful for your straight forward & candid reply.

To be absolutely truthful, I did not act upon the registered will is the fear of retaliation ( Duress ) & so did my two sisters.

But they are the two witnesses who signed the will as witnesses & are willing to testify if needed in a court of law, except that they are also old & fearful.

Only problem I am facing is finding an able & smart lawyer to take the case. Almost all that I talked to say that give us the case & asked for almost the whole cost of resolving the case & No guarantee that I will succeed even though I have a Registered will & two witnesses ( my two sisters ) besides me & willing to testify. But time is running out & only God knows how long they will survive in which case should I get an affidavit from them stating the fact that they are consignees ? 

Looking forward to your reply.

Thank you & God bless you.

Alphy


Offline adv.amarnath

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Re: How to Present ( Open ) a will to family members ?
« Reply #3 on: October 24, 2016, 04:16:12 AM »
To be straight forward with you again, I would like to say that you can file probate case immediately without further delay. I do not know from where you are from otherwise I am always ready to take up matter after having consultation in details
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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