Legal Question in Real Estate Law in India
My father died in April '12. He lived in a tenanted property in Mumbai along with my mother and brother.
He had made a will giving equal share to 3 of us after sale of property- myself and my mother and brother.
I reside in the US and my brother is refusing to give my share because he claims that I have no right as I was not staying in that flat.
Am I entitled to 1/3 share as per my father's will?
My brother owns a separate flat in Virar.
3 Answers from Attorneys
You are entitled to one third share. As per will and in case you have the copy of will, you can retain a lawyer in India and he would file a petition to probate the will and also seek injunction so the property is not disposed off in derogation to will of your late father.
Your question is not clear. You said father lived in a tenanted property, so I assume that there is (another) self acquired property which your father is the owner.
If thats the case then you have to move the court in Mumbai.
As I am Chicago based, you can call me at 847-431-2977. Where are you based in US?
Manish
www.dslegal.in
Tenanted property may not be a property capable of sale.
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