Finance, Forex and Investments

Inheritnace property law in India?

hi, My father has passed away 18 years ago. I have a brother and my mother is still alive. They both are in India and I am an NRI. My father didn't have a Will at the time he died. So I believe all properties are in my mother’s name (may be one of them is in joint name with my brother). There are three big properties that are acquired by my father from his father + lots of jewelry. Before my father died, he has verbally told to my mother and extended family members (uncles and aunts) that one of the properties will be his daughter (that is mine). My mother wanted to transfer that property on my name but my brother opposed and didn’t provide papers of the property since he lives with my mother, he has control on all papers). Right now my brother and I are not in good relationship as he thinks that everything my father had has to be given to him as he is taking care of my mother. My mother is being controlled by my brother and his wife. My brother and his wife are taking my mother’s advantage (who is 72 yrs and in a very weak health condition). I don't know if there is an existing WILL by my mother, since I am thousands of miles away from them But I have a feeling that my brother has forced her to make a will and that everything my father had (now my mother has) belongs to him. When my father passed away I was married, but soon after I became a single mother of a daughter. I am from a Hindu family. My questions are: 1)By Indian law who would legally be the inheritance of properties of my father? 2)If my mother doesn’t have a WILL – will the properties divide equally between my bother and me? 3)What if there is a WILL by my mother (which I am not aware of) and according to that WILL if my mother gives every thing to my brother, then based on my circumstances I described above, can I ask for my share? Does the court consider the forcefully made WILL as correct one? I am very sure at least one or two of my extended family members can stand by the fact with me. 4)Does Indian court also consider the “need” of a single mother for raising a daughter single handedly for property rights? 5)What is the procedure to initiate property rights in India?

Public Comments

1. There is no tax on inheritances. Read about wealth and gift tax in India http://mytaxes.in/index.php?topic=19.0