Legal Question in Wills and Trusts in India

my father has 25 acres of land.we r 4 sons and 1 daughter.my father had died and one of my brother took 10 acres of land on his name without our concern.Is it legally possible to reclaim that property of my brother.please help

Asked on 7/01/13, 8:42 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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02.07.2013

Dear Sir / Madam,

If your father has not left behind a Will, his property vests in his wife. Each sibling will be entitled to a fifth share i.e 4 acres of land in their name, if and only if, their mother consents to the land partition. Your brother cannot take an adhoc 10 acres of land without your mother's consent. Yes, it is legally possible to reclaim the 10 acres of land that your brother has usurped.

Regards,

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Answered on 7/02/13, 5:59 am


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