Legal Question in Wills and Trusts in India

Family Disputes

My late, eldest, brother purchased a HUDA plot at GURGAON in 1982. He did not married and expired in 1996. My mother expired in 1999 and my father had expired in 1979. There was no nomination or will by my late brother for the purchased plot. We are now two brothers and two married sisters as surviving legal heirs in the family. The sisters were married in 1982 and 1992 and are well settled with their families. My sisters want share in the this plot. Are financially independent married sister(s) above 21 years of age are considered legal heirs in the unmarried brother's self acquired property? We have applied for possession in Dec., 2006.


Asked on 3/22/08, 10:50 am

4 Answers from Attorneys

Re: Family Disputes

Yes.You and your sisters,brother are class-2 legal heir of deceased brother.

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Answered on 3/22/08, 11:34 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Family Disputes

Yes.

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Answered on 3/22/08, 12:20 pm
Vivek Mapara Vivek N. Mapara

Re: Family Disputes

Yes sisters are entitled to have share in the property of their brother, just the way you are entitled. Whether they are settled or unsettled it does not effect the right of succession

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Answered on 3/22/08, 1:12 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Family Disputes

Yes all of you will have a equal share as there is no will by your brother.

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Answered on 3/23/08, 5:56 am


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