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Sisters asking for share in property how to save it
23-Apr-2023 (In Property Law)
My father died in 2003 and left a will in which he named me and my brother as the inheritor of the two plots that he self aquired. The will is not registered but its on proper court papers with signature of two of my neighbors as witnesses. Now my two sisters filed a case against us asking for their share of the property. Do I transfer the property to my wife OR to my son? What would benefit more in the case? How are my chances in the case?
Do not transfer the property to anyone right now. First of all you have to file a case in the court for probation of will that will make the will effective and the property will be distributed according to the will. Also you can file a case of suit for partition using will as a document and court will accordingly divide the share of the property. Kindly let me know which case your sistrt has filed.if sisters are not a partner in the will they cannot ask for the share. Make sure you use will as an document in the case you file. I.e probation of will or suit for partition . For further clarification please contact me further.
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
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With the present facts your sisters have no right in the family property according to a recent supreme Court judgement the father and daughter both have to be alive on the day when 2005 amendment act was passed so this should be your defense and no need to transfer the property
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Avocate Jaskirat Singh
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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