Legal Question in Family Law in India

dissolution of family business and remaining properties and assets
my father had 5 children 4 brothers and 1 sister, in which 2 of the brothers separated earlier taking their share, now the left 1 is working with me in our family business and the sister did not get married and is a teacher earning well and living at the property which is a part of the assets left as 50-50 between my brother and me, thought the separation is on its head and i do not gel well with my sister nor my brother so they want a separation and i wanted to ask that does the sister have any share in the left assets property where she is living or the business as it is strictly mention in the will that the sister is earning well for her living though she does not have any share in the left assets, we are scared because my sister and the other brothers gel well and they are trying to betray us.. so can she ask for any share in the assets left ?

Asked on 3/12/08, 4:37 am

5 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: dissolution of family business and remaining properties and assets

File a suit for partition. If ancestor's property will be divided equally. If self acquired property of your Father will be divided as per the Will you mentioned.

Answered on 3/14/08, 10:05 am

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Vivek Mapara Vivek N. Mapara

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Re: dissolution of family business and remaining properties and assets

You mentioned about the will, if in the will there is no mention about the share of sister then she cannot claim it. But if it is there, then she can ask for the share.

Further if the property held by your father was self acquired property, then he can make will and can exclude her daughter(sister) from the property, but if it was joint family property, then her daugther(sister) has absolute right in the property to get her share,and even if will is there, then also it cannot deprive her of her rights.

Your question is not specific, you have just made the question more complex, to give u precise answer, so you rewrite your question or contact personally, explaining proper facts of your case, for prescise answer on your problem

Feel Free to Contact.

Answered on 3/12/08, 6:32 am

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