Legal Question in Civil Litigation in India

My parents died without leaving a will. I have 2 brothers and 1 sister. I was living with my parents and continue to live in the same house. Last 15 years of their life, I met all their expenses and gave them the best care possible and made a lot of investment for maintenance of house and property. Other than the house and property, they have invested in shares � in their names individually, in their names together, in their names individually with sons�/ daughter�s name as 2nd holder and in the sons� / daughter�s names as first and second holders. Investments made in sons� / daughter�s name are not equal. All the shares are in physical form. All sons and daughter have demat accounts now in their names individually. All the above mentioned shares are parent�s money and is to be divided equally between the children. How do I do it? My brothers and sister are claiming equal share of house and property. No one talks about equal share of all the expenses that I have incurred! Can I claim it? I have a typed statement on my father�s letterhead, signed by both of my parents, stating that I will inherit all their movable and immovable assets. There is no witness signature. Does this have any value? Please guide me. Thank you in advance.


Asked on 10/27/09, 8:53 pm

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

That statement may be valid.

Emails: [email protected]

[email protected]

Phones: 9840320808 /28515229

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Answered on 10/27/09, 8:57 pm
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

If you've typed matters relating to moveable, Immoveable assets of your parents in their letterheads with signatures then it may hold good, but left to the discretion of court of law proving by both parties in a suit for partition.

1 ) Going to the suit for partition you can claim your right shares of inheritence.

2 ) Deduct any expenses owed by other sharers to you, if you have expenses bills, vouchers etc. as legal evidence in the court of law.

3) Deduct your house expenses with furnishing the right documents at Court, house improvements charges made by you through looking after such expenses.

4) Any pie , or a share taken by your brothers, sister (heirs), or usage of such a pie, or a share in order to improve their own properties shall be treated as an accreation, whether it may be moveable, or immoveable parts of your inheretince.

Thank you,

Kind Regards.

Sanjay K. Dixit, Advocate,

# 320, Dixit House,

Dixit Street, K.B Extension,

Davangere - 577 002,

Karnataka State, India.

Ph: 08192 - 258956,

Mobile: 9480471912.

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Answered on 11/04/09, 3:05 am


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