Legal Question in Constitutional Law in India

I am married woman. My father owns property which is co-owned by my mother who is no more. My father is approx. 72 years of age and has not got his will prepared. Suppose if my father expires without preparing any will, will I be entitled to my share of property? What if my brothers play foul and sell the property without my knowledge after my father's death and deprives me of my right to property, can I lodge a criminal case against them to get my share of the property? Please suggest ways and means to safe guard my share in our property.


Asked on 3/29/13, 8:31 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

you are making so many iffs and butts in your question.

If your father expires without will i.e. intestate, then, yes, as per the succession law you would also be entitled to a share in his property. Brothers or other legal heirs cannot sell your share without your consent in writing. So they cannot deprives you of your right to property. If they do, you certainly have several remedies and one of that is very rightly stated that you may file a criminal case against them to get your share of the property.

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Answered on 3/29/13, 8:50 am
Fca Prashant Chavan Expert Edge LLP

30.03.2013

Dear Madam,

(EME, Vadodara, Gujarat)

A Will made by your father mentioning how he wants the property to be partitioned after his demise and taking care of your interest in the same is recommended. All you will need thereafter is a Probate from the Court to action the Will in favour of the beneficiaries including yourself named in the Will. To be on the safe side, you can also request your father to appoint you as the Executor of the Will.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/30/13, 3:52 am


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