Implementation of my father's will dated 18 Jun 2001
Dear Sir / Madam
1. My father constructed first floor for me in his Bangalore property in year 2000, for my future financial security as my husband was suffering from major blood disorder at that point of time. When I refused to permanently reside in first floor anytime in future, he has told me to take the monthly rent from my first floor property. He wrote his will on 18 Jun 2001. He passed away on 21 Feb 2004. My husband prematurely retired from Indian Air Force and since then we have permanently settled in Navi Mumbai. As my brother, his wife and his daughter are not in talking terms with me because of my property issue, I have become homeless in Bangalore and visit only to meet my mother during some marriages as visiting Bangalore and bearing travelling and hotel expenses Mumbai to Bangalore is a costly affair.
2. As per para 6 of my father’s will, he has bequeathed ground floor of his Bangalore personal property to my brother Jayaram, first floor of his property to me and second floor terrace to my elder sister since he already gave my elder sister land for house construction. My father has also written in para 7 of his will that my mother shall have the right to enjoy the property without any hindrance, interference and intrusions from her children till her death and shall have the right to let out or lease out first floor, retain a minimum of Rs 5000/- and deposit money in her bank account for which I am nominee (and logically the remaining amount to be deposited in my bank account).
3. My mother is timid, illiterate, incorrectly interpreted about content of my father’s will and handicapped due to acute arthritis problems. Therefore since my father’s demise, my brother Jayaram has taken control of my property and its financial gains and not following my father’s will. Rather he has rented out and misappropriated my funds accrued from first floor property for personal benefits for his daughter and soninlaw. On my verbal requests to him to follow my father’s will he does not speak about it, not producing evidences, but abuses me emotionally on issues not related to my father’s will.
4. I have sent a few SMSs and a letter dated 16 Feb 2015 stating all the facts and that he should handover my property, transfer my property rights and the financial gains accrued from my property to me. However he says that mother is enjoying the first floor property though he now has given in writing that he will follow my father’s will and blaming me for not going to Bangalore for a meeting of beneficiaries to implement the will.
5. Please advise me on the following aspects:-
(1) How strong is my case legally?
(2) How I should go about legally in claiming my property, my property rights and my financial gains accrued from my first floor property?
(3) How I should go about in case of out of court settlement as my brother Jayaram is asking for a meeting of beneficiaries for out of court settlement?
(4) Can I file case in Bombay High Court to pursue my property case in future in case my brother does not follow my father’s will and the out of court settlement becomes unsuccessful?
(5) Is it compulsory to attend the meeting as in my opinion my father’s will is clear on division of property? Also in first meeting when my father’s will was read by the auditor, my brother Jayaram hurt my feelings in front of all elders, therefore I am not interested in attending any meeting.
(6) What would be the approximate legal expenses.
(7) Is it legal if I ask for a meeting of beneficiaries on skype.
(8) How much time I can wait to claim my property as I am being told by my executor that I need to hurry up to claim my property otherwise my father’s will shall become invalid.
(9) Can you advice me if there exists some forums or agencies fighting for women’s rights through whom I can take up my case.
(10) Contact details of lawyers in Kharghar Navi Mumbai and Bangalore who will give me correct legal advise and charge me reasonably.
Thanking You
Yours Sincerely
Prabha Nitin SwamiAdke
Asked 10 years ago in Property Law
Dear Sir
1) Original will is with the sole executor Mr Sampath Kumar who is not traceable in Bangalore as he has sold his house and settled elsewhere his whereabouts are not known. I have a xerox copy of my father's will dated 18 Jun 2001. Alternate executor is Shri HB Kumar my cousin brother who resides in Bangalore. Since my brother Jayaram and his wife abuse the executor (my cousin H B Kumar) it is difficult for grant of probate by Court to establish Mr HB Kumar as the executor's right to represent the estate. Please advise what can be done in such case legally?
2) As per my father's will first floor of property is bequeathed to me but where does the case stand legally regarding my mother's powers to enjoy entire property though she has acute arthritis and cannot climb steps to go to first floor?
3) As my brother Jayaram has acquired my first floor property putting his daughter and son in law to reside in my property stating that it is my mother's right to enjoy the property without my hindrance. What can be done legally in such case?
4) As my brother Jayaram has not informed and hiding information about the financial benefits accrued from my property since past 11 years as per my father's will, the dues amount fairly works out to about Rs 20 lacs. Please advise me can I and how to go about legally to claim these financial benefits ?
5) My father's will is attested in presence of two witnesses.What is the power of the two witnesses?
6) Letter of administration is not required as my father's will has already nominated one sole executor Mr Sampath Kumar who is now not traceable and alternate executor as my cousin brother Mr H B Kumar. But what if the alternate executor is also not in a position to execute due to non cooperation from my brother Jayaram? Can it be executed through order from Bangalore High Court?
7) Can application for probate be applied directly through a Bangalore lawyer from kanoon.com, in case my executor cousin brother Mr HB Kumar refuses to execute my father's will due to non cooperation from my brother Jayaram?
8) Who should be paying the court fee for making probate for administration, making khata and payment of property tax especially when my brother has been hiding / not producing information about financial gains accrued from my property and probably misusing my funds.? I reside with my husband who has retired from IAF and college going daughter and managing from the monthly pension and will not be able to pay property tax in case Khata is made and I do not get my benefits from my property?
9) My brother Jayaram has after discussing with a Bangalore lawyer, he has sent in writing to me that meeting is required between beneficiaries to have out of court settlement and mentioned that even the executors presence is not required during the meeting. What should be done in this case?
Thanking you for your advice in anticipation. Many thanks for resolving my doubts regarding my property issues.
Regards
Prabha
Asked 10 years ago
