Will

Venkatesh (Querist) 06 October 2015 This query is : Resolved
A person who dont have children was written a will(registered) stating that after his death his nephews should enjoy 50 percent of his property and his wife should enjoy 50 percent of his property until her death and she dont have right to sell her 50 percent. After her death his nephews has rights to sell the entire property.
At present she is 65 years old, she dont have any income source and nobody is looking after her including her husband nephews. Is there any possibilty to her for selling her 50 percent property.
According to will she dont have right to sell.
As per Indian Law is the will(not giving rights to wife for selling 50 percent) is right or wrong?

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Anirudh (Expert) 06 October 2015
Approach Banks - now a days they are entertaining reverese mortgage.

This is not equal to selling. Rather, making use of the property during one's life time. In this she can retain her 50% of the property that need not be parted away. But she will get each month some fixed amount from the Bank. The mortgage can be redeemed by paying the monthly amounts that she received + interest thereon.

In case she passes away without clearing the dues, then whoever wishes to redeem it (i.e. the legatee nephews) they may do so by paying the amounts due to the bank.

In case they object to the Reverse Mortgage, then she has to approach the Court of law - praying for a direction to the Nephews either to look after her properly or to injunct them from coming in the way of reverse mortgaging the property.

Alternatively, she can approach the court to compel the Nephews to maintain her (especially when they have benefited by the bequest) under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007.

All said and done, my suggestion is not without practical difficulties.

Rajendra K Goyal (Expert) 06 October 2015
Well advised, agree with the expert Anirudh.

Guest (Expert) 06 October 2015
When there is Right Only for Possession and Enjoyment Till Life Time the Wife can not Sell or Even Mortgage the Property during her Life Time.No Bank will Entertain Mortgage of Such Properties.Nephews have No Legal Binding to take care of Her If it is Not Mentioned in the Will.It is absolutely Misguidance that Nephews could be Sued for Maintenance.Only the amicable requests would be the Only Remedy.

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