Legal Question in Wills and Trusts in India

property rights

dear sir,

I was looking for some help regarding property, here i give u the details for your perusal I myself and my elder sister happens to be only two children to my father and my father has aquired ancestral property by means of partition deed dated 28/08/1960 and further my father performed the marriage of my sister on 01/05/1985 and in the year got bedridden in 1986 and i came to know that my father has performed the marriage of my sister by taking heavy loans and i by other means like taking loans at lesser interst rate and through my job some of the loans were repaid and still a heavier chunk has leftout and further my father died on 28/08/1996 and before his death he did not wrote any will and later my mother willed the property on my name as i alone was repaying the debts of my father as well as looking care of my parents, later on 07/10/2004 my mother passed away leaving the property and will on my name dated 24/01/2000 and in the recenet past my sister came to my house and quarreled with me for the half share and further she filed a suit in the district court for the partition of the property in this circumstances i request your goodselves to kindly suggest me do i own the property or does my sister has a share....


Asked on 10/22/08, 1:30 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: property rights

Will can be made only of self acquired property and not of ancestral property so your mother's will with regard to property has no value. your sister is entitled to share. However you can by stating above facts in the court apply for recovering proportionate loan amount from her.

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Answered on 10/26/08, 10:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: property rights

You may possibly be owner of two third - after your father's death, there were three share holders - yourself, your mother and your sister; your get your mother's share by her will after she died; now you get two shares - yours and that of your mother; your sister is entitled to her one third share.

It will be better for the family to reach an amicable settlement and avoid litigation which may be tiring and expensive.

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Answered on 10/22/08, 6:00 am


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