sivakumar anand (MANAGER) 14 November 2011

Property dispuste

Dear Members

My friend was married in 1993 and she is a only daughter. She has three brothers, two lives in abroad and one lives in some other stae. Her parents lives alone and they have a house. Her dad wants to sell the house now and it is his self acquired property. Her brothers are not willing to give a share says that she is not eligible to get the share as they have performed her marriage with the loans borrowed and now there is no need to give the share

She wants to go legal. Will she succeed. ?

Thanks and Regards

siva

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2 Replies

Advocate Vishnu (Advocate) 14 November 2011

Dear Shivakumar,

If the property is the self acquired property of her father, then she cannot demand a partition (share) in that property . If the property is not the self acquired property of her father only then she is entitled for a partition under the amended Hindu Sucession act of 2005.

gopalaswamyb (retired) 14 November 2011

What is meant by probating a will..What is meant by letter of administration in the case of will.When the case is disposeddoes all the benificieries get a copy of the court order of administration or the applicant alone .If applicant alone gets how to get the copy from the court .Whom to apply. The applicant is silent. after disposal of his application by the court.in his favour. In this case the other benificieries did not challenge the will they have handedover theWILL to the court as directed by the court. since the applicant is keeping silent and the others are not having the wWILL they are not in a position to dispose the property .Other benificieries are senior citizens aged 80 years.hence I have made this request on their behalf.