Inheritance And Property Division

Summary

In India, the Hindu Succession Act, 1956 mandates equal distribution of a deceaseds estate among legal heirs if no will exists, regardless of who paid for the property or made financial contributions. Even if you bought the land for your mum, it is considered part of her estate if it was in her name. Presenting evidence of financial contributions might strengthen your claim, but it is unlikely to exclude a sibling from their share. Consulting a local inheritance lawyer for tailored advice is recommended.

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It was always on the mum's name
If the land was legally in your mum's name, it's likely considered part of her estate. In New South Wales, inheritance laws typically dictate that the estate is distributed according to her will. If there is no will, the estate is distributed according to intestacy laws.
- If your mum had a will, the distribution follows the instructions in the will.
- If there is no will, the estate is divided according to the Succession Act *.
Do you know if your mum left a will?
But I bought it for my mum
It's important to understand that if the land was in your mum's name, it is considered part of her estate regardless of who bought it.
- If your mum left a will, the distribution will follow her wishes as stated in the will.
- If there is no will, the estate will be divided according to the Succession Act *.
Do you know if your mum left a will?
She didn't leave a will
Case Rating: *
In New South Wales, since your mum didn't leave a will, her estate (including the land) will be distributed according to the Succession Act *. This generally means that the estate will be divided among the surviving spouse and children.
Would you like more detailed information on how the estate will be divided under intestacy laws?
Could you tell me what I need to do according to Indian laws
Case Rating: *
I can provide general information about Indian laws, but please note that the specific details might vary. Generally, under Indian law:
- If the property was in your mum's name, it forms part of her estate.
- Since she did not leave a will, the property will be distributed according to the Hindu Succession Act, *, if you are Hindu.
Would you like more detailed information on how the property will be divided under Indian intestacy laws?
yes
Case Rating: *
Under the Hindu Succession Act, *:
- The property is divided among legal heirs.
- If there is no will, the property will be distributed equally among the deceased's surviving children and spouse.
Would you like any specific details regarding the division of property under Indian intestacy laws?
But, my sibling hasn't done anything for my mum. She just showed up, asking for money
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In both New South Wales and India, the law doesn't take into account whether a sibling has or hasn't contributed to the care of your mum when it comes to the distribution of her estate. The legal distribution of the estate follows the laws in place.
In New South Wales, since your mum didn't leave a will, her estate, including the land, will be divided according to the Succession Act * among the surviving children.
In India, under the Hindu Succession Act, *, the property will be distributed equally among the legal heirs, regardless of their involvement in caring for your mum.
Would you like more information on the legal process for handling the estate in New South Wales or any other specific aspect?
Is there any way that I don't have to give my sibling a share in India
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In India, under the Hindu Succession Act, *, the law requires that the property be divided equally among the legal heirs, regardless of their involvement in caring for the deceased. Unfortunately, there's no legal provision that allows you to exclude your sibling from their share simply based on their lack of involvement.
Would you like more detailed information on the legal process for handling the estate in India?
Are you sure there isn't any way
Case Rating: *
In India, under the Hindu Succession Act, *, the law mandates equal distribution among legal heirs. Unfortunately, there's no legal provision to exclude a sibling based on their contributions or lack thereof. If you need more detailed guidance, it might be worthwhile to consult with a local lawyer specializing in inheritance laws.
What if the piece of land was partially in my name
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If the piece of land was partially in your name, the portion that belongs to you would not be included in your mum's estate. Only the portion that was in her name would be subject to inheritance laws.
Would you like further details on how to handle the division of the estate in New South Wales or India?
india
Case Rating: *
If the piece of land was partially in your name, only the portion that was in your mum's name would be distributed according to inheritance laws under the Hindu Succession Act, *. Would you like more detailed information on handling the division of the estate in India?
Is there any way that i could get the full amount
Case Rating: *
In India, under the Hindu Succession Act, *:
- The property is divided equally among legal heirs.
- Without a will, there's no legal way to exclude a sibling from their share based on their involvement.
Would you like more detailed information on the legal process for handling the estate in India?
what if there is a will
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If there is a will, the distribution of the estate will follow the instructions laid out in the will. The testator (your mum) can allocate her assets as she wishes, potentially excluding certain heirs if she chooses.
Would you like information on how to handle the estate in New South Wales if there was a will?
no
Case Rating: *
Since the property was in your mum's name and there is no will, the legal distribution follows the Hindu Succession Act, *, which mandates equal division among legal heirs. Unfortunately, there is no legal way to exclude your sibling based on their involvement or lack thereof.
is there any way i could persuade the judge
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Persuading the judge to exclude a sibling from their share of inheritance under the Hindu Succession Act, * is highly unlikely because the law mandates equal distribution among legal heirs. However, if there are any exceptional circumstances or other legal nuances, a local lawyer specializing in inheritance law could offer more tailored advice.
could you expand more on the exceptional circumstances
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Exceptional circumstances under the Hindu Succession Act, * might include:
- Proof of a prior agreement or understanding regarding the property.
- Evidence of financial contributions or investments made by you in the property.
- Documented evidence of exclusive possession or usage of the property.
Would you like more detailed information on these exceptional circumstances?
what if I do have evidence of financial contributions or investments made by me in the property, such as buying it for my mum
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If you have evidence of financial contributions or investments made by you in the property, such as buying it for your mum, it could potentially strengthen your claim. However, under the Hindu Succession Act, *, legal heirs still have rights to the property.
Would you like more detailed information on how to present this evidence in court?
yes
Case Rating: *
If you have evidence of financial contributions or investments made by you in the property, you can present this evidence in court to potentially strengthen your claim. However, the Hindu Succession Act, *, still mandates equal distribution among legal heirs.
Would you like more detailed information on how to present this evidence in court in India?
yes
Case Rating: *
In India, if you have evidence of financial contributions or investments made by you in the property, you can present this evidence in court to potentially strengthen your claim. However, the Hindu Succession Act, *, still mandates equal distribution among legal heirs.
Would you like more detailed information on how to present this evidence in court in India?
why do i have to give half to my sibling if I bought for my mum
Case Rating: *
The piece of land is considered part of your mum's estate because it was in her name. According to both Indian and New South Wales laws, the estate is divided among legal heirs, regardless of who paid for the property. The Hindu Succession Act, * mandates equal distribution among legal heirs.
Would you like more detailed information on how to handle the division of the estate in India?
what if i had paid for the renovations and everything, and they didn't pay a single cent
Case Rating: *
In India, under the Hindu Succession Act, *, the property will still be divided equally among legal heirs, regardless of who paid for renovations or other expenses. However, presenting evidence of your financial contributions might strengthen your claim in court.
Would you like more detailed information on how to present this evidence in court in India?
yes
Case Rating: *
If you have evidence of financial contributions or investments made by you in the property, you can present this evidence in court to potentially strengthen your claim. However, the Hindu Succession Act, *, still mandates equal distribution among legal heirs.
Would you like more detailed information on how to present this evidence in court in India?
what happens if my sibling has mentally abused for half of the amount
Case Rating: *
I understand your concern. Unfortunately, mental abuse doesn't typically alter inheritance rights under the Hindu Succession Act, *. However, you might consider consulting a local lawyer to explore if there are any specific legal avenues available based on the abuse claims.
Would you like more detailed information on how to present your financial contributions in court?
is there any way?
Case Rating: *
Given the scenario, it seems challenging to exclude your sibling from their share under the Hindu Succession Act, *. However, presenting evidence of your financial contributions might strengthen your claim.
Would you like more detailed information on how to present this evidence in court in India?
yes, please
Case Rating: *
In India, presenting evidence of financial contributions can help, but it is unlikely to exclude a legal heir completely due to the Hindu Succession Act, *. Consulting a local inheritance lawyer for tailored advice is recommended.
Would you like more general information on the process of presenting this evidence in court?
give me a reason why my sibling must have half the amount
Case Rating: *
In India, under the Hindu Succession Act, *, the property is divided equally among legal heirs, regardless of who paid for it or made financial contributions. This law ensures equal distribution to all legal heirs.
If you need more specific advice, it might be beneficial to consult a local inheritance lawyer.