Legal Question in Wills and Trusts in India

dear sir, my father died a few weeks ago. he had given a number of different businesses & a house to my elder brother before moving to hotel business he worked very hard and established hotel business with the help of my younger brother., we were living in a separate house. which was also on my father's name & self- acquired by him. after moving to new house, constructed by my father but registered on his name, my brother suffered heavy loss in business given to him my father. then he started demanding his share in hotel, my father was not willing & wanted to part the business & house between me & my brother. to pacify my brother he bought a new house & was constructing a commercial cum residential building for my elder brother. he was nt satisfied. my father's idea was that after the construction of the building if my brother wouldn't satify & create problem, he would disown my brother. the new building is under construction & on my father's name. in fact everything is on my father's

name except the building given to my brother earlier.

now he died without a will & now my brother is demanding equal share in everything. we are not able to run the hotel without a proprietor or deed. even we are ready to give him equal share in profit due to the non availability of will, his demands are getting unreasonable day by day. my father had written diary about the harassment of my brother & his desire to disown him. He had expressed that desire to many includinf my brother's family. what can we do to save our business?


Asked on 9/10/13, 3:34 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

10.09.2013

Dear Sir / Madam,

Since your father has passed away intestate (without making a Will) all your deceased father's estate (moveable and immoveable property) vests in your mother. You should get each and every property transferred in your mother's name and leave it to her to decide later on who has to get what share of your father's estate.

Regards,

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Answered on 9/10/13, 8:40 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you may go for a suit for succession and the property can be transferred in the name of eligible legal heirs.

Thanks and Regards

Adv. Rajiv

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Answered on 9/10/13, 8:51 am


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