DIptika 19 January 2016

Disowned child contesting deceased fathers estate gujarat

Hi I need some advice, we have a client who is based in Gujarat. Her parents have deceased 5 years ago. She resides in uk, her youngest brother resides in Gujarat running his fathers business, whilst the middle brother was disowned. The middle brother was disowned 8years ago and has stolen from his parents and both siblings numerous times. He did not even attend his parents funeral. The youngest sibling has been looking after the property and finances for the past 7 years since their mum past away and their father could not look after it properly. Shortly afterward their dad passed away the house was robbed and the WILL to the dads estate disappeared. They have reason to believe the middle brother had a hand in it. Now 5 years later, the middle brother is claiming for half the entire estate and profit. Does he stand any ground.

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4 Replies

Kumar Doab (FIN) 19 January 2016

The inheritance provides for share as per personal law applicable to deceased.

If the WILL was registered an authenticated copy can appear on record.

Otherwise this may be refuted as fiction.

There is nothing Disowned.

Laxmi Kant Joshi (Advocate ) 19 January 2016

If it was a registered will then take attested copy of the will from the sub registrar office, if it was not then you have to prove your father had disowned him from all his properties for that you have to gather evidences like paper cutting, some witnesses who can speak in your favour, proof he didn't appear in his father funeral inspite after inform him about his death and funeral etc .

DIptika 19 January 2016

Thank you How do we find the attested copy?

DIptika 21 January 2016

Anyone help with how I find attested copy of will in Gujarat I also hear that the equal split only happens if father and all siblings are alive in 2015. Is this true