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Brother took possession of father's property after father's death
24-Jun-2023 (In Family Law)
I belong to Hindu Indian Brahmin family. My Father died recently. He had a number of properties and a fair amount of bank balance. My only brother has taken away everything and is not informing me if my father has left any will with respect to his property and other assets/ bank balance. What right do I have in such a situation. CAN I SEND A LEGAL NOTICE ASKING FOR THE WILL, IF ANY, LEFT BY MY FATHER? I am one of his five daughters. eldest daughter is no more. My brother is the only son to my father. Most of the property and other assets was self earned by my father.
When ur father was alive it was self acquired property as soon as he died its property changes and u have every right of share along with ur sister and there is no necessity for legal notice u can file partition suit against him and he discloses same in court and u can challenge will or gift as created one so u have right in share.
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Adv. Nagesh B L
Bangalore | 200+ Answers
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Madam, u can file a partition suit against your brother and claim rights over the property, if there is any will existing also let your brother contest over the will and state the same in court rather than you asking the same in the legal notice, you can also ask your sister and your elder sister's legal heirs to join and file the partition suit.
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Adv. Arvind Singh
Bangalore | 100+ Answers
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If there is will in your brother name then you won't get anything your father's property. If there is no will they you are entittle to equal share in all the properties of your father even in bank balance. Don't go for asking will thru., notice, he will be alerted, Take the property extract from the revenue dept., and try to find how he got the property. It is better to behave smoothly with your brother.
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Adv. Rajeev S Vadrali
Gadag | 100+ Answers
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