Indian, How could I defend my brother who is arguing he has a will written by my father. Actually it is bogus.

Question

I am an Indian, woman. My father and mother died. I have only one brother now. I approached a lawer to get my share. He sent a notice that he is having a will written by my father and all the assets are belonging to him, as per the will. I know it is bogus will. How could I prove that it is a bogus will? What are steps I could take to defend and prove that it is bogus. What are the classes / schedules / rules that describes the penalty for intimidating with bogus will? Waiting for the reply.

Answer 1

dear lady. you have not mentioned that whether you are governed by Hindu Law or Muslim law. that makes a difference.
anyways........you can file a Civil suit seeking declaration that the Will which is being setup by your brother is bogus. another suit you will have to file is of partition.
upon this declaration suit the court fees is fixed (depending upon in which state you are going to file the suit) but for partition suit you will have to pay the court fees ad-valorem.
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Answer 2

I am really not sure this could work where you come from, but try talking to your lawyer to check it out: there might be a law that says that a parent cannot leave everything to only one of the children, but each child has to get a minimum of 20% of the assets.
If you have other documents written and signed by your father they might help prove (handwriting) the will has not been written by your father.

The best thing still is to check it all with a lawyer or expert of your Country's laws.

Answer 3

You need a good lawyer. The signature on all wills must be witnessed by two independent people so these witnesses must be contacted. If this is not satisfactory you may have to resort to handwriting and document forging experts. It could be a struggle but don't give up without a fight. Good luck.

Answer 4

is that a holographic will entirely written by ur father signed and dated, or a notarial will?
if a notarial will there are witnesses and a lawyer notary public who could attest and subscribe to the authenticity of the will, but it can be contested thru court action by reason of fraud, or perjury, or vitation of concent like force, or intimidation or influence, if its a written will by hand, usually no witnesses, you have to prove again by court action that it is fraudulent, its perjury, and bring expert witnesses that knows handwritings to compare, or witnesses to who knows the handwriting of ur father, then the court will void the will, as if no written will was made, and will subject the estate to probate

Answer 5

Get a very good lawyer. Also, check up the law on 'wills'. See what the requirements are for a legal will.

Answer 6

You just need to contest it....while that is going on, you need to find people who know your parents and can speak on what your parents' wishes were.

And shame on your brother...oh, and you don't want to defend your brother if he is in the wrong. Seek legal counsel, dear one.

Answer 7

talk to your attorney.