Legal Question in Civil Litigation in India

FACTS: Father, mother, older sister, and younger brother. Father owns small flat, purchased in 1961. Second, larger flat purchased in 1971. Family moved and lived in larger flat. Older sister married and left India in 1982. Sister and family often visits Mumbai to be with family. Father died in 2001. Apparently left a will (which sister never got, therefore not probated). Father left both flats to mother. Small flat nominated to sister after mother's death. Large flat to brother after mother's death. Sister furnished small flat in 2002 although small flat in mother's name. Brother requested sister's permission to open a recording studio in small flat. Sister gave permission (no rent just a verbal ok). Mother died in 2011. Brother claims father did not leave a will. Will not give small flat to sister. Sister filed lawsuit in Mumbai High Court asking brother for 50% share in both small and large flat. Large flat up for immediate redevelopment. Therefore, brother needs to vacate flat with his family. Forgot to mention brother lived with his family in parents large flat. Both flats are up for redevelopment. Large flat redevelopment is very close. Small flat not far behind. What are sister's chance in court?


Asked on 9/02/12, 4:46 pm

1 Answer from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

If it was father's property and if brother claims that no Will left by Father than it is a case of intestate succession where all legal heirs i.e brother and sister share equally.

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Answered on 9/03/12, 6:23 am


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