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Can we get our property basis of registwred will deed

(Querist) 10 June 2016 This query is : Resolved 
Hi,
My sister has refisterd will deed in the name of his husband...& her father in law is missing since 9 yrs & property is occupied by elder brother of my sister's husband we have filed a case ....that person is harassed my sister & she has has to left that house
Pls suggest wheter we will get that property

Rgds
Abhishek Banerjee
Kumar Doab (Expert) 10 June 2016
The query is not clear.
Pls draft it again.


If your sister is owner of the property then she can dispose it in her life time by WILL. If WILL is registered it is better.


If her Father in Law has been missing then obtain Civil Death decree from court.


Post that all ClassI legal heirs i.e spouse, sons and daughters shall have equal share.
Rajendra K Goyal (Expert) 11 June 2016
Facts not clear, discuss with local lawyer.
P. Venu (Expert) 11 June 2016
The query lacks clarity.
Abhishek kumar bamerjee (Querist) 12 June 2016
Detail of case

Father in law of my sister has made a registered will regarding a house of chhattisgarh housing board in the name of his son (my sister's husband) now he(father in law) is missing since 9 yrs & my sister's husband has been expired also.Now the elder brother of my sister's husband is occupied the property (both son were living in th said house)& he tthrowaway my sister & her child.
Need your sugation & help on this.


Abhishek kumar bamerjee (Querist) 12 June 2016
Detail of case

Father in law of my sister has made a registered will regarding a house of chhattisgarh housing board in the name of his son (my sister's husband) now he(father in law) is missing since 9 yrs & my sister's husband has been expired also.Now the elder brother of my sister's husband is occupied the property (both son were living in th said house)& he tthrowaway my sister & her child.
Need your sugation & help on this.


Devajyoti Barman (Expert) 13 June 2016
Your sister can first get his FIL declared as civilly dead and then apply for grant of Probate.
Once probate is granted she can file suit for eviction and get back the house.
P. Venu (Expert) 13 June 2016
She can pursue remedies under DV Act as well.












Kumar Doab (Expert) 13 June 2016
Your sister and her child has right to stay in the house.


You can benefit from the advise of experts.

Engage an able counsel.

Ms.Usha Kapoor (Expert) 16 June 2018
I agree with Experts.
Guest (Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest (Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest (Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!
Guest (Expert) 16 June 2018
Wonder, if it took two long years for Ms. Usha Kapoor to agree with experts after resolving of the query!


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