Will
A KUMAR
(Querist) 17 April 2012
This query is : Resolved
Respected Sir,
My father- in- law signed a will (unregistered) in 1992 in my husband name the only son, have 3 sister and mother for House which was allotted to him from l&do in Delhi, now he has expired. My mother-in -law playing lot of tricks with the help of my sister’s –in-law and brother in law’s, so that I vacate my father-in-law house.
Now I want to know if she (my mother-in-law) along with my sisters-in-law and my brother-in-law’s can force me & my husband and my son to vacate that house by hook or crook.
My father in law mentioned in the will that I have given gifts to my daughter's time to time so they have no share in this house.
And for the safety of my family what stand
I should take to live in that house peacefully with my mother-in-law who is 81 years old.
My mother-in-law harassing me that she and her daughter have another will but my father-in –law always swear that he has signed a single will which is in the name of my husband. My husband did’nt speak on this matter and become mentally disturbed. He is afraid of her mother and sister’s and from brother-in-law.
Is it possible to stop my sister's-in-law.
My mother in law got 30 lakhs (4 lakh white) and rest in black money and she distribute 22 lakhs in between her daughter in 2008 at that time my father in law was alive and he told her daughter's you have got your share never ask my son for anything but how can I proof it.
He mentioned in his will (NEITHER MY DAUGHTER NOR ANYBODY ELSE HAS ANY RIGHT TO RAISE ANY OBJECTION OR MAKE ANY CLAIM.)
i AM LIVING IN DELHI (SOUTH
YES I HAVE THE ORIGINAL WILL WITH ME.
I AM ASKING YOU WHAT SHOULD I DO. IN WHICH COURT I SHOULD GO.
Pl. reply
ajay sethi
(Expert) 17 April 2012
if your father in law has left a will make an application for probate . if your mother in law and others want to challenge the will they can do so .
if rs 30lakhs was given to your sister in law that too by cash there is no evidence as your father in law has not mentioned said fact in the will .
Devajyoti Barman
(Expert) 17 April 2012
Do you have a copy of the Will then apply for Probate of the same.
Else you can apply for partition of the properties and for injunction till it is decided in which suit the court would decide the genuineness of the subsequent Will which you are taking about.
Shonee Kapoor
(Expert) 17 April 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 17 April 2012
Dear Querist,
As advised by experts - file a suit for probate before the DJ/HC depending upon the value of property. If the will does not provide for an executor - then you would have to obtain a letter of administration. Once it is filed the court would invite objections from the other legal heirs - and since they are adopting a hostile attitude be prepared for any other fraudluent will that they might produce.
Feel free to talk!
Santosh Goswami,Advocate
(Expert) 18 April 2012
The will even if not registered will be valid if other requirements are met.If according to the will your husband was to succeed to those property, same should be observed.I am little surprised. You can throw them out of the house legally.Why didn't you take the action earlier. You need to immediately file a suit for possession and title.for more detail you can contact me.
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