Legal Question in Family Law in India

dissolution of the old family business and properties

to make it simple i have written this, if we have a family business with 2 partners both brothers and a sister who is not married and lives alone at a property which is just on the name of the brothers but earlier use to live with her 1 brother at that same place but the brother bought a new house and did not take her along with her but still she gel's well with her(may b this was a strategy of having the hold of the property) and it is strictly mentioned on the will that the sister is earning well and does not have any part in the property's mentioned in the will... and apart from that out of the two brothers she does not gel well with one of the brother and she is trying to divide the property into 100% / 3 as she wants to give her part to the brother whom with she gel's well and she is even physically challenged as according to her health she can not do any thing with it, it is even mentioned in the will that both of the brother deserves 50-50% of the property's left, so can she any how acclaim her 3rd part in the property ?


Asked on 3/12/08, 12:17 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: dissolution of the old family business and properties

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Answered on 3/14/08, 10:08 am
Vivek Mapara Vivek N. Mapara

Re: dissolution of the old family business and properties

If the property is joint family property, that irrespective of any will, a daughter has right to claim her share in the property equal to son.

But if the property is self acquired property, then as per will she has no right in the property.

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Answered on 3/12/08, 2:09 pm

Re: dissolution of the old family business and properties

Query is vague as necessary details are missing.Consult with all details,documents etc.professional charges are applicable.

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Answered on 3/12/08, 10:03 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: dissolution of the old family business and properties

Please give details which are relevant. Advice cannot be formulated on this basis.

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Answered on 3/15/08, 11:03 am


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