The will has been made by your father. In terms of the will the property of your father will be divided (presumably equally) between you and your two brothers. You cam relinquish your share by making a relinquishment deed in favour of your elder brother. Alternatively you can gift the property to your elder brother by way of a gift deed after the mandate of the will is incorporated in the revenue records.
Will k liye samjhota karne se will tootegi to nahi
Sir, Mere pitaji ki death last month ho gai thi so unki will k according humari jaaydad ka batwara hum teen bhaio me hona h, but bade bhai khush nahi h so hum do bhaio ne unhe apna kuch hissa dena sahi samjha but wo "ANAPATTI" document pe Sign karne ko taiyaar nahi h aur likhit me chahte h k hum unhe apna hissa dege, but hume kisi par b bharosa nahi h so will apply hone se pehle agar humne will k bare me kuch likhit me dedya to wasiyat tootegit to nahi ya us likhit agrrement ka durupyog to nahi hoga?
Asked 10 years ago in Family Law
Religion: Hindu
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5 Answers
aap ke pitaji ne barbar ka hakh diya hai . agar aapke bade bahi nahi mante unka wasiyat naama unki marji . aap will ka probate le sakhte ho . yaadi aapke bhai challenge karna chaiye unki marzi . yaadi aap apna hisa dena chaiye aap ki marzi . aap relinquishment deed bana sakhte hain apna haak dene ke liye
but before mandate of will if we give a written document about will than may be they use it as a negative point on will than he can try to break the will so can we give him in written because he doesnt trust on us?
Asked 10 years ago
Actually hum apna saara hissa ni dena chahte but thoda part dena chahte h but wo sare k chakkar me h so wo anapatti stamp paper pe nahi de re h jab ki ye jaroori h will ko apply karne k lie so hum yehi puchna chate h k agar hum likh k dede ki jase hi humare naam aaeye jaydad hum unhe dedege to kahi bade bhai iska galat use na karle ku ki wo challenge to ni karna chahte but maan b ni rahe h.
Asked 10 years ago
if there is no trust between brothers don't give any thing in writing . apply for probate of will . let your brother challenge it . you will get probate if will signed by your father and there are 2 attesting witness .
thank you sir, yes we have a valid registerd will with witness every thing is clear and right but my brother is continously forcing me to make a written statement so i ask others and many person suggest me that dont give any thing in written because they can use it to break the will? so thats the main reason i am asking what will happen if we give him in written before mandate?
Asked 10 years ago
You cannot be forced to make a written statement by way of an affidavit. You have rightly been suggested to not to give anything in writing. If your brother feels that there is a disparity in the distribution of share then he can challenge the will of your father. You will get sufficient opportunity in the court to contest his case.
DONT BOW DOWN TO YOUR BROTHER BLACKMAIL TACTICS . REMAIN FIRM . APPLY FOR PROBATE . IF YOU GIVE ANY THING IN WRITING YOUR BROTHER WILL USE IT AGAINST YOU TO CLAIM LARGER SHARE IN PROPERTY