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Indian Law/Property Distribution in absence of a will

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Question
Dear Sir

I stay in a property with my family for last 26 years.This house was built by my father and i took care of them all till their last days. I have 3 brothers and one sister, one brother has died. I needed your assistance for the following questions.

In absence of the will will i have a higher claim since i have stayed in that house since it was built and my siblings were away. I looked after my parents and i have been paying all taxes and maintenance.

-The widow of one of my brother can claim any right on this property.

- If my brothers are not giving the POA then can i approach the court and send summons to dissolve the property.In that case will i enter into a property dispute.

Kindly assist
Regards
Arun Vedajna

Answer
Dear Arun Vedajna
No, you cannot claim a greater percentage of the share just because you have been looking after the property. Your brother's wife will get a share if your father had passed away before your brother. Your option is to file a suit for partition if your brother does not consent for Partition  

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Advocate Manoj Ambat

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I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

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I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

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Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

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BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

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