Can a will be used if the person is still alive

830 votes

First answer to your question as above. Until your mom is alive, there is no value of will.
Second answer to your question as above. You have to make a partition deed between three brothers and one sister.
Third answer to your question as above. Yes a person can force your mom to do a will without your presence.

Advocate Rashmi Nilesh Parmar LawRato

958 votes

1) Does a will hold any value if my MOM is alive?
Answer: No the will comes into play when the testator dies;

2) What legal action i can take to stop the construction
Answer: you should send a legal notice to your elder brother;

3) can a person force my MOM to do a will without our presence
Answer: No one can force a person to make a will. If the person makes a will out of force or coercion it becomes invalid, null and void in the eyes of the law.


You should do the following:
1. Sit with your family members and discuss the sharing of property;
2. If your elder brother asks for complete share or continues with illegal construction, you will have to issue a legal notice against him;
3. If he still does not listen then you no option other than to go to court;
4. Always remember that the self-acquired property can be partitioned as per the wishes of the owner, but an ancestral property has to be equally divided among all legal heirs.

Advocate Gowaal Padavi LawRato

801 votes

Benefit of WILL can be taken by the order of court only after the death of the person who has made and not during his/her life time. WILL is not necessary to be prepared only in the presence of all family members and the WILL can be modified any number of time by the person who has made the WILL. One has to prove that the WILL is made by force. Since, it is your mother's property only she can take necessary action to stop the construction work stating that the same is been done without her consent.

Advocate Bankim Mehta LawRato

533 votes

Dear Querist, A will can be enforced only after the death of a Will.

Ans to Q1. A will cannot hold any value before Death of your Mom.
Q2. As of Today, You can file a suit for partition of property and restraining him from carrying on construction.
Q3. A will is valid only when signed in sound mental and physical condition and without any force or co-coercion.

Please feel free to call undernamed for any further queries.

Regards,
Rakesh V. Misar

Advocate Rakesh Misar LawRato