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Ramesh   15 March 2017

Sibling disputes over property

Here is the scenario:

  • Unmarried woman (US citizen) owned property in Maharasthra and died in the US (Flat 1)
  • No will present, US courts appointed her married sister as the executor/administrator of the estate (Sibling A)
  • Sibling A requested signatures from all siblings to excuse themselves from the ownership of Flat 1 with the exception of Sibling B (who verbally excused himself and claimed that he has no interest in property or $ of the deceased sister)
  • 3 years later, Sibling B who excused himself is claiming that since he never signed, he would like the Flat 1 to be sold and divided.
  • Sibling B is a citizen of Europe and is an NRI.

 

  • Despite Sibling B's verbal excusal, what are the potential risks here?
  • Does Sibling A have legal standing over Flat 1 because of the administration letter that was received from the US?
  • What is the best way to proceed?
  • What legal action can Sibling B take?


Learning

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