Conditional will
Querist :
Anonymous
(Querist) 13 December 2010
This query is : Resolved
Respected expeerts, I am a widow of 80 years having a daughter who is married. My husband has left a conditional will which is not registered. In that he has written the house which is constructed by his self earned money has to be in the hands of me till I am alive and then it should go to my daughter. Also that my daughter shall not have any right to sell, mortgage or do anything to the property without my consent till I am alive.
Now the problem is , my daughter is threatening me to throw me out of the house. I have no other property other than this and due to my age, I am not able to fight legally with her. I just want to know in case she really wants to throw me out, is it possible to do so under the circumstances of the will of my husband which is not registered?
s.subramanian
(Expert) 13 December 2010
The will is very much legal and valid even though unregistered. If she tries to evict you forcibly,you can file a civil suit and obtain injunction against her on the basis of the will.
adv. rajeev ( rajoo )
(Expert) 13 December 2010
She cannot do like that because on the basis of the will you have got right and you can enjoy, if your daughter wants to evict to let her go to court.
Querist :
Anonymous
(Querist) 13 December 2010
Thanks for advise. But let me also know is it okay if the will is there in her hands or, should I make it a point to have the original will with me. I do not know if she can manipulate it to her favour. As it is , it is now with her. What is my share in the property if the will was not there at all.
R.Ramachandran
(Expert) 13 December 2010
Please understand, you are in a position of strength as regards the property and certainly not in a weak position. I give below different scenarious for your appreciation, understanding and to be confident of your status.
1. Assuming that there is no WILL, you are entitled to 1/2 of the property in your favour as legal heir of your deceased husband.
2. In the absence of a WILL, since you are entitled for 1/2 share, the said 1/2 shre is your private absolute property and you can do anything that you wish to do with it. Even your daughter cannot object to it.
3. If your daughter wants to object that you are entitled to 1/2 share and that you can do anything with it, she has to necessarily produce the WILL. If she produces the WILL it will clearly show that during your life time, the property is to be in your hands and the daughter cannot sell it. SHE CANNOT ALSO EVICT YOU FROM IT.
Raj Kumar Makkad
(Expert) 13 December 2010
I completely agree with R. Ramachandran.
M.Sheik Mohammed Ali
(Expert) 13 December 2010
now a day's law passed senior citizen act, who has evict from the parents from son or daughter or husband, they can take actions against them
Uma parameswaran
(Expert) 13 December 2010
If she is causing any form of harasment or toture then You can move against her under Senior citizen Act and Domestic Violence Act.
Querist :
Anonymous
(Querist) 13 December 2010
Thank you Mr. Ramachandran Sir and others for your valuable advises.
Sachin Bhatia
(Expert) 13 December 2010
The will is legal and valid even though unregistered. You have every right to stay in the house.
H.M.Patnaik
(Expert) 13 December 2010
The analytical,yet simple reply given by Respected R. Ramachandran to the above query merits kudos. Well advised .
