Legal Question in Wills and Trusts in India

Legal Heir and Estate of deceased
My father died in 2005 and survivors were my mother and brothers. No transfer of fathers estate was effected to any person. My mother died in 2007 leaving a Will. What will be the status of my fathers estate. Will all the surviving brothers be legal heirs or does the Will of my mother also come into operation if probated, for her share of my fathers estate that she had inherited when my father (her husband) died?

Asked on 11/15/07, 1:40 am

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Legal Heir and Estate of deceased

Fathers property will be shared equally between mother and legal heirs but mother has no right to make the will in respect to the portion of the other legal heirs.

Answered on 11/16/07, 4:54 am

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Nandita Haldipur Haldipur Associates

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Re: Legal Heir and Estate of deceased

if father has died intestate then all legal heirs will get equal share the mother can will only her share

Answered on 11/21/07, 3:25 am

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Re: Legal Heir and Estate of deceased

If father had died intestate the property shall be subject to be shared equally between mother and other children and by of WILL mother can bequethe her share only but she had no right to make WILL in respect of portion of other legal heirs of father.

Answered on 11/15/07, 12:16 pm

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