Legal Question in Wills and Trusts in India

We are 4 legal heirs for my father. My mother and 2 male and 1 female are heirs & all are married & Indian Hindu family. My father has no will. Now myself (I am youngest male) and my mother want to split the prorate as per the share. Other share holder is not showing interest to split the property. We 4 heirs gathered and discuss many time regarding this but no use. Other 2 heirs feel & told after mother death only property split possible .3 shares only possible they told. My mother going to stay with me rests of her whole life, so I can ask little bit extra from the share for mother maintains? , What are the next step/ how to approach them?


Asked on 8/17/09, 1:04 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a suit for partition and each n every legal heir would have a share in it. you cannot ask anything extra towards taking care of your mother but after partition whatever share that all the heirs get, would be their self acquired property and as you would be taking care of your mother, she may execute a will regarding her share in your favour.

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Answered on 8/17/09, 1:35 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Duplicate question.

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Answered on 8/18/09, 9:12 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

No, you may not be entitled to anything extra for maintenance of your mother.

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Answered on 8/18/09, 9:13 am
Nandita Haldipur Haldipur Associates

you can file asuit for partition and all will get equal share. you cannot claim anything extra for lookign after your mother but she can will the property coming to her share to you

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Answered on 8/20/09, 12:41 am


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