Legal Question in Wills and Trusts in India

My Sister-in-Law was married in 2007 and at the time of marriage she was provided with cash and jewellery worth around more than half the value of the current house where we reside; it was quoted in our caste register as prize money.

Later on Sister-in-Law was given almost equal shares from the remaining properties we have as per my Father and Mother-in-Law's wishes, but they passed away in June 2009 and a will was not made.

My Sister-in-Law has now sent a court notice asking all the property to be equally divided - could we submit the jewellery and cash deposit documents as part of her share for the present house we are residing. The rest of the properties we are willing to divide equally as per her wishes.


Asked on 2/10/11, 7:29 am

1 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

If you have any material or a document to conclusively eastablish that what was given to your sis-in-law by her parents in 2007 and thereafter was pursuant to an understanding reached between your sis-in law and your parent -in law to the effect that those properties were being given to her inlieu of her share in immoveable and other properties owned by your parents -in -law, may be you can successfully decline her claim for share in the property.But if it is shown that what was given to her by your parent -in-law was only by way of gifts then the situation would be different.

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Answered on 2/12/11, 1:54 am


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