Legal Question in Wills and Trusts in India

dear sir,

we are a family of four brothers and three sister.

my father expired in the yr 1983, the probate of the will was obtained in 1986, and in the year 1999 the house where we currently live was transferred from my fathers huf to his four sons and my mother, this was done because in the will my father had written that his daughters dont have claim in the property. also we had orally partitioned in the year 1999 (we have no papers supporting the same) our house and place where each member would stay though there are no walls supporting the same

now my sisters are threatening to claim their right in the said property because of the amendment in the year 2005, can they do it ?

kindly help as we dont not want them to claim their right

thank you


Asked on 4/05/11, 8:24 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you cannot stop them from claim the right and the courts have to see whether their claim is maintainable or not. in your case, you may take the benefit of amendments as they were made in the year 2005 and the father expired in 1983 and partition took place in 1999. the claim of sisters may be time barred.

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Answered on 4/05/11, 8:46 am


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