PRoperty Division

This is a discussion on PRoperty Division within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; Hello, I was wondering if you could advise me on an issue regarding my parental property. My parents are both ...

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Old Apr 19th, 2009, 11:58 AM   #1
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Default PRoperty Division

Hello,
I was wondering if you could advise me on an issue regarding my parental property. My parents are both deceased. My mother's last wish ( she passed away in 1999) was that all the siblings to either retain the house and use it for whatever purpose or if the property is sold to be divided equally amongst the siblings. There are 6 of us - including myself (4 boys and 2 girls). Prior to her last wish, she had made out a number of wills which we are unable to locate. Supposedly the last known will expressed her wish that the property goes in the name of all the 4 boys. We are unable to locate this will either. We just have her last wish which was not documented at the time.My eldest brother and sister-in-law (who is a lawyer) and their only son were residing with my mother the last years of her life. We ha ve heard that there is a will that my sister-in-law has that has the property in my nephew's name. We suspect that my sister-in-law has influenced (known from previous experiences) my mother in changing her will - so that the house will be in the name my nephew and no one else.If there is such a will, can this be challenged in court? Also, a number of repairs and other works have been done to the house without informing any of the siblings - Is this legal?And if there is no will what can be done so that all the 6 of us get an equal share in my parents' property? Myself and my 2nd elder brother reside overseas - so we are left completely in the dark about what is being done to the property back in India. Your advice and help would be most valuable as we are unsure as to how toaddress this issue.

Thanks

Regards
Madhu
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