Legal Question in Wills and Trusts in India

Sir
1.That when i m (Married Dughter)out of country my brother sold the property which was in name of my mother(House Wife) who had expired 10 years back.
2. That this property was purchase out of savings og my father an eminent docyor of gujarat who expired accidently witout making a will.
3.That my brother says that this propert is not fatheres property though purchased out of his money and the will by mother does not mention about my share.
4. That this ""will "my brother had hided and once im out of the country he made this hurried move and has also left india after selling the property.
5.Please opine
A. Why this property should not be treated as fatheres property as in that even married daughter has equal share that of brother.
B. an the will of my mother is to be trated as valied after 10 years of her death and be executed witout my knoledge when im out of country?I have never seenthe will.
C. What legal options are open?
Siverly urs
abc

Asked on 8/30/11, 1:37 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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the first point is of will. whether the will is genuine or fake. in case the will is genuine, you may have a right in case the property delved upon your mother after your father s death, without a will. in case you father did not make a will in your mother s name, you have an equal right in the property and can claim the share. you may file a suit for partition of the property on the strength of your right as a daughter and seek stay against the property. you may contact a lawyer in this regard and you may not have to travel to india to prosecute the case as the same can be done through an attorney.

Answered on 8/30/11, 1:42 am

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