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nlr (na)     28 January 2010

Who are the legal heirs in this case?

My aunt (my mother's sister) is the oldest of 7 siblings (3 brothers and 4 sisters) , of whom one brother has passed away leaving behind his family members and all other siblings have kids. My aunt is an uneducated child widow and has no children.

She has never relied on her brothers for the last 40 years and has been living along with her 3 other sisters and their families and they have been supporting her for food, shelter and all medical necessities.

She did some small scale home activities when she was younger and with the money obtained and saved, she has acquired some properties by herself and all these have been willed to her 3 sister's children. She is 85+ years old now and in frail health.

In case of any eventuality tomorrow, who are her legal heirs?

There is a certain registered  firm property under litigation and she is a partner of this firm. In case of her death, is there any documentation she can prepare right now to say that none of her legal heirs can claim or cause complications while resolving this property's issue?

Please advise.



Learning

 4 Replies

Isaac Gabriel (Advocate)     29 January 2010

Barring the ancestral property,she can creat will for the self earned properties. With regard ti the ancestral ones,equal rights are entitled both for her brothers and sisters.

nlr (na)     29 January 2010

She does not have any ancestral properties. All the self earned properties have been willed in the proper manner to family members of her choice.

There is one property matter that has yet to be settled. Can she write some sort of a declaration that upon resolution of this issue, whenever it happens in the future, her share will go only to two of her nieces A and B and nobody else can claim a share in the same?

Isaac Gabriel (Advocate)     29 January 2010

'If's and 'but.s will not constitute legal entity.She can straightaway make the will empowering  A and B notwithstanding the outcome whatsoever.

nlr (na)     29 January 2010

 Alright, thanks. She has already made provisions for the same in her will, so I understand per your suggestion that it's sufficient.


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