Legal Question in Wills and Trusts in India

The answers to your queries are here in below for your perusal :-

1) No one has any right in this property as it is self acquired by your parents but if your parents dies intestate then all of you would have equal share in there property.

2) The part of property which is in your brothers name means that he is the owner of that part.

3) there parents can gift or will to any one . There is no bar for girls to receive there parents property as they have the equal share in the property with boys.

4)The property was gifted to whom and by whom. If it is gifted then you have no right in the property.

as the property was ancestral and inherited by your parents, it is a joint family property and all the legal heirs, including the sons and daughters have an equal right in the property by birth. even an unborn has an equal right in such properties that devolve by survivorship. the parents can gift on their part of property and not the entire property. once the property is partitioned and every one gets his or her share, then every legal heir becomes an absolute owner of that share. the tax has to be paid by all the legal heirs being a joint property, even if the property is in the name of brother, still its a joint property and brother is merely a trustee.

1.i agree with Mr.Rajiv gupta its a ancestral property and to be shared by all legal heir

2.if the property is gifted to a person he wuld be the sole owner and partition of that is not allowed.

3.there is no time limit for filing a suit for partition