Thursday, July 30, 2009

Could some one give the legal advise on the below property issue?

A and B are husband and wife..





They had 3 sons C,D,E and 3 daughters F,G,H..


C has 2 sons I and J, and 1 daughter K. [ Elder in family ]


D has 1 daughter L


E has 1 son M


and F,G, and H also has children...





Who has real right of inheritance in the property of A and B after thier death?





is it varies if the property belongs to the either A or B?





If B got its property from their parents, does she have rights to give to any one based one her likes?





If it is derived from A's ancestors, who will have the right on it after their life time?





If it has been given to E / M , without concent of I %26amp; J but concent of C, does I can appeal for that property?





Could some one please help me to find the right answers for the above queries as per Indian law





Thanks in advance

Could some one give the legal advise on the below property issue?
Should A %26amp; B's died intestate (absence of a Will), the State will decide.
Reply:not a lawyer, and it depends on the new probate act for indian nations. Usually in accordance to the will if intestate then the immediate spouse if still alive and then in equal shares to immediate children and then the equal shares to the immediate children equally divided to only the immediate children of that child if that child is dead, here is where you need to go


American Indian Probate Reform Act: http://www.doi.gov/issues/indianprobater...


Best of luck to you
Reply:I will try to shed some light but this is only an opinion no legal basis:





1. after both elder parents die a/b leaving no will on how to disperse the assets, since inheritance is not a right in general Exceptions:, wife is guarantee plus funds for any children under 18 in order to support the child until 18; but in general no right to inheriting, daddy can leave you out of the will if he chooses





So if no will the property by testate law most likely pass equally to the six children





2. Yes b in a will can only give the land to the girls and not the boys if b choose, now the other spouse can play apart if survivor since guarantee to inherent at least ½ even if will would say less





3. Based upon the above since intermittence is basically not guaranteed, if you do not fit into a exception a/b can give it to e/m no matter what any one else thinks by will





4. on past having say, unless talking about life estate, or titled held based on condition say as long as it is a farm z shall own, if tries to make condos the title reverts to v, but a/b should be the only say


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