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UDifficult situation of a friend’s husband (late 40s – no siblings, both parents deceased).
He has been living since birth in property shared by father and uncle, but still in (deceased) grandfather’s name. He has an NRI aunt who has been in the US for 50+ years and is a US citizen.
His father passed away during COVID, since then his NRI aunt (now in late 70s) has been coming every year, occupies one room in his portion of the house for a month or so during winters, abuses him and his wife and keeps threatening them with partition/her share of the property.
Grandfather’s Will that split the property between the two brothers (father and uncle) was never probated, so now the NRI aunt claims she has equal (1/3rd) share.
Legal advice sought:
1. Is the grandfather’s Will valid?
2. Does the NRI aunt, despite being a US citizen for 50+ years, still have rights to the grandfather’s property?
3. What should he do to keep this NRI aunt from harassing him and my friend? I’ve suggested sending a legal notice but any other thoughts (legal or otherwise)?
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