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K Srinivas (sod)     08 November 2014

Intestate succession

My grandfather had some real estate property in Kerala. It was divided among my father and his two brothers. My father's share was sold and the proceeds were invested in capital gains account jointly in the names of my father and my step brother. (My father has a son and daughter from his first wife who died at a very young age of my step siblings) We are four daughters to our mother, second wife of my father.  My father bought a residence out of the amount invested in Capital gains jointly in the name of my father, mother and my step brother. My father died leaving an unregistered will in the year 1998. After my father's death the house was locked and my mother has been staying with me ever since. My brother illegally broke the door lock and has occupied the property since 2001. We sisters are all married and in different places with our problems and in order to avoid more problems none of us have taken to legal route asking for our share. Now my step brother wants my mother to make him the complete owner of the house. Who all has the rights to the house now? If the house is sold out who all will get a share of the proceeds? Please let us know the right division under the Hindu Succession Act applicable to this case. We four daughters got married in the years 1981,1990,1997 and 2001. My mother does not have any other source of income. In spite of the Indian tradition not valuing bride's mother staying with the bride after marriage, my husband had been very considerate to my mother and hence my mother has been able to pull on all these years.



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 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 November 2014

Dear, When did you father bought the said how? I mean after you four sisters birth or before that? Adv kapil chandna, 9899011450

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 November 2014

In whose favour will was and.regarding what property the same was made?

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