Legal Question in Wills and Trusts in India
we are having a problem with our step sister as she is claiming her right in our fathers unsold property after 8 years of death of my father. but from last 55 years she do not have any of the relation with our father or with our family. she have submitted her birth certificate on which my fathers name is written. BUT BEFORE MY FATHERS DEATH HE DO NOT MENTION ANY ABOUT HER RIGHT IN PROPERTY IN HIS WILL. do we want to give a part of our property to her?
-VIJAYSINGH GADE.
3 Answers from Attorneys
Hi Vijay, whether your step sister entitled for the property or not can only be decided by a competent court after examining the evidence. Certainly, the court will give the opportunities to all interested parties before its judgment. I don't think you have anything to do before the right is established
02.08.2013
Dear Vijaysingh,
As per Hindu law, both the heirs (wives and siblings) of the deceased have a legal right in the deceased husband's estate and property. Although your father may have written his Will, it has to be backed by a Probate from the Court, for the title of each of the immoveable and moveable property comprising the Estate of the Testator (maker) to be transferred in the name of the respective beneficiaries named in the Will. Your step sister can challenge the Will in the Court.
Regards,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
