October 22, 2014

Property Law: Within a year of death of parents, disputes go to courts among brothers and sisters- some basics

1) Where parents have left this world without leaving a Will, the disputes arises between brothers about properties.

2) Where they have left will, but distribution of wealth is not fair in the Will, the disputes arise and even the Will is also challenged.

3) In most cases, for a few month after death of parents, the disputes are expressed as whispers, then mummers, then angry exchanges of words, then exchanges of legal notices, and then in a year, court cases are seen.


4) Courts normally grant stay orders in such cases and say that no heir shall sell any property till case is finally decided.


5) After some years, in most cases parties settle their cases.

6) One reason of dispute is : One brother says that "I kept parents in their old age. I borne all medical expanses. I borne expanses of marriages of all sisters, so I should get a larger share in properties".

This reason is not a valid reason.

The brother who is asking larger share in property because of such reasons, is on wrong side. Such reasons flare up disputes.

7) Sisters support such brother who has borne family expanses of their marriages and who has maintained parents till their last breaths. They like to give their shares to such brother.

8) Compromises are the right way. A compromise brings life time peace to all family members.

Haresh Raichura
22/10/14