Property inheritance
2 years ago
Unmarried elder sister's had a self owned flat. As per her wish, after her death brother and his wife permitted to stay only lifelong in the flat ( without authority to sell or give on rent ). After death of brother and his wife the sole authority of this flat will pass on to younger sister and her daughter. At present after death of elder sister who is the legal owner of this flat ? Can younger sister and her daughter now also stay in this flat ?
A.Hi, if the eldest sister wrote in her will that the brother would inherit the flat solely, then only it will be valid. If this is not the case, both the brother and the younger sister inherit the property equally. If you found this helpful, please rate me.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Whether that Unmarried Sister specified her wish as aforesaid through any Will? If yes then it is necessary to scrutinize that Will for its scope,meaning,effect and legal perspective. Please take note that in absence of any Will in this regard, if that unmarried elder sister's parents are not alive,then her surviving brother and younger sister will inherit that property of deceased sister having equal share in ownership therein without any restrictive clause .
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A.Did she make a will to that effect what is mentioned in the question? If yes then the younger sister cannot go and live there as the brother and his wife are allowed to stay there. In case the younger sister has an amicable settlement with the brother then she can go and stay there.
If there is no will then the younger sister can move the court to claim her right in the property.
If there is no will then the younger sister can move the court to claim her right in the property.
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