Raj Lakhotia, Founder, Dilseville answers readers’ queries related to estate planning.

My father died in 1993, while my mother and one of the two sisters are alive. watching ancestry for 29 years Property and this is my only source revenue, My sister hasn’t helped at all, but now she wants to participate. How can I protect the property from him? — S Aggarwal

Assuming you are a Hindu and taking care of the ancestral property, you do not get the sole proprietorship of it. You, along with your sister and mother (as she is alive), will get an equal share in the property without a will after the death of your father, as per the Hindu Succession Act. You may list all expenses incurred in the maintenance and care of the property, and present it to the other parties or the court, claiming mutual refund or as the court deems appropriate in your case.

Q. I am an Indian Muslim woman and I have three sons from an ex Marriage, Now I am married to a Syrian man. If I die, who can claim my property? Does my husband have a claim on my property? What can I do to make sure my sons stay with me? the heirBut is my own safety too sure? This is the reason why I am avoiding making a Registered Will. Please advise. — T Hassan

Assuming that Sharia law is in force here, all of your property can go to your parents, husband and sons, in proportion you can’t make a will if you don’t have a will at the time of your demise. On the other hand, if you write a will, you can give up to one-third of your total assets to the people you wish, while the remaining portion will be divided among your legal heirs as per the law. There is no proper age to make a will. Once you become an adult and have dependents and assets, you must write a will. It will preserve your right in the property till you are alive, and ensure its fair distribution among the heirs as per your will after death.

QI am a Hindu and my father has two elder sisters. One sister has died leaving two sons, while the eldest sister is unmarried. My father’s parents are also dead. If the eldest sister dies, which of us—my father, me and the sister’s two sons— Inherit Property? — MG

For a Hindu woman who dies intestate, there are two succession scenarios depending on whether the property was inherited from her parents or acquired herself. The Hindu Succession Act 1956 states that the heirs of the father of the deceased shall be heirs if the property was inherited from the parents, but for self-acquired property, the succession shall be done in accordance with the general rules of succession under section 15(1) ) ) of the Act. Since the sister is unmarried and the parents are not alive, both types of assets will go to the legal heirs of the deceased’s father. So your father will get 50% and sister’s sons will get 25%.

Disclaimer: The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents. The responses should not be construed as legal advice in any way.

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