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ALLEGED WILL AGAINST SON FOR RECOVERY OF MONEY
21-Dec-2023 (In Civil Law)
Mother was temporarily staying with me in Mumbai she used her ATM/Cheque and used her money her own pension bank account for daily expenses on her whims and fancies in 2016. She shifted to Kerala and staying with my younger brother he is little greedy and cunning mentality and we all are not in good relation with him last so many years. I am permanent resident of Mumbai.
Under pressure of my brother she filed a civil case in the Senior Citizen Maintenance court of Kerala against me for recovery of money which she spent the money in Mumbai and it was dismissed in favor me. Mother went for an appeal in the Hon’ble H C of Kerala and it was a revision petition and was pending for disposal. In the beginning of the 2017 Mother fell ill. It was detected that Mother was suffering from acute bone cancer. Mother never appeared before Senior Citizen Court as directed by Hon’ble H C due to illness.
While pending disposal case she made WILL recovery of money against me is it a valid WILL.
challenge the Will in the HC as the same could have been made with ulterior motives and the signatures must have been obtained under pressure or by way of forgery.
the Will per se is valid however, if you have doubts the same is made with pressure from your brother then you should challenge the Will..
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Adv. Garima Anil Mehrotra
Mumbai | 700+ Answers
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Well, it is the legal and moral responsibility of you & your Brother to equally look after your mother & as such, incur the expenses in equal proportion for your mother's expenses. As far as question of Will is concerned, she can include all such properties in the Will i.e Moveable & Immoveable of which she is the owner.
Thus, adding such properties or money in the Will, the subject of which is pending in court need not to be incorporated in the Will. It won't be considered a valid Will.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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