Legal Question in Intellectual Property in India

Q) sister husband is shouting for in law property

We are two brother and 1 sister. My sister married before 30 years and living with her husband. My father wrote his will and his still alive, in his will they did not declare any share to my sister.

they share all between among tow brother only. Now can my Sister or husband can file court case against my father or it can only be file by my sister only. Do my father has to give share against his will note.

what happen if my father die (he is already crossed 87) in between. please advice


Asked on 3/11/16, 9:46 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

What is the nature of the Property. Is it ancestral or self acquired property.

If it is self acquired property, then your sister or his husband and no right, title or interest or business in the said properties. He cannot make any claim on the said property. For safety, do get the WILL registered before the Sub-Registrar, so they do not get any chance to challenge the will. And for further safety, do get a video recording, of your father, reading and acknowledging his WILL.

If the property is ancestral property, and since your sister has already married 30 years back, so even under 2005 amendment act, she is not entitled to claim share in the property.

Do not give a CENT to your sister or your brother-in-law.

Feel free to ask should you require help.

Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 3/13/16, 12:13 am


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