Hello
My father passed away in January 2008 intestate.He had one son and one daughter from the first wife who passed away in 1984 and one son from the second wife who he married in 1985 and she is alive.
So we are four 'legal heirs' in total viz my elder brother(married), elder sister(married) ,my mother(widow) and me(unmarried).
My elder brother and I take care of the business together but my sister along with my brother in law have unreasonable demands which are impossible to meet.They have been harassing my mother to give them a major share in the property and monthly income.My mother has suffered from major depression and paranoya and has been in the hospital since the past 2 years because of the same.
My queries are as follows:
1)Sister got married in December 1995, is she eligible for a share in the fathers property?
2)My mother is old and sick , can her share in her husbands property be transferred through a will in my name?
3)My father had already paid dowry, settled my brother in law financially, and made a house for them and set up a business in my sisters name of which we have records and is available on papers.Can we use them against her in the court?
4)How long does it take for a judgement to come from the court in such matters and could there be any interim orders?
5)What are other ways of amicable settlement with appointment of an arbitrator or a commisioner?
PS: We had decided on a list of properties that could be divided and the list was agreed by all.Only my sister does not trust us brothers in the documentation procedure and wants it done from the court as their lawyer says that is the best way.Is there a simple procedure like a Registered MOU be made first and then go ahead?
