Legal Question in Wills and Trusts in India

hello, i need urgent help, My dad passed away in Nov 2012 he had distributed his property (as in just the house we stay in )as 20% each to me an my sis, 50% to my mom and 10% to my uncle. Though my uncle is not residing in the above mentioned house for more than 25 years, my dad had donr all the legal formalities and maintainance and absolutely every everything as my uncle wasnt staying with us. although just a a brother he had entered his name on registration of the house.

But now that my dad isnt there my uncle is asking for 50% share eventhough he has been residing sumwhere else for all this while. I really need help to know if he can do that as he hasnt been staying at the place for more than 25 years if yes can you suggest something as this house is our only asset my mom is a house wife and there fore the only asset is this house . Pleasee help

Asked on 5/10/13, 7:02 am

3 Answers from Attorneys

dear client...

Was the house purchased by ur father or its an ancestrol property.. do reply at [email protected]

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Answered on 5/10/13, 8:16 am
Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

As specified by your daddy, you should immediately pay off your uncle his 10% share and get a no claim certificate from him.


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Answered on 5/11/13, 4:17 am
Jayesh Desai Jayesh Desai

Your query is not clear, whether your father acquired the property from his own resources or it was ancestral? Why did he give 10 % share to your uncle? etc.

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Answered on 5/25/13, 2:21 am

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