Legal Question in Wills and Trusts in India

I own a shop in Mumbai which was purchased by my father in my name when I was 20 years old (Minor).

I have managed that shop & family business since last 40 years and we still live in a joint family. My father died 4 years ago & made a Will dividing all his property (earned by him ) between the three brothers equally. However, since the shop was purchased in my name & is managed by me, the will is silent on that property (shop) which is in my name and is not divided into 3 parts.

Can my other two brothers(co-parceners) claim a share in that Father's HUF property which is still in my name on paper.

Asked on 6/19/14, 6:28 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

No, your other two brothers cannot claim a share in the shoo which is in your name. Since the shop is already in your name, it has rightly not been included in your father's Will since it is your property and not your father's asset.


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Answered on 6/19/14, 9:54 am

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