Married daughters right in property
Querist :
Anonymous
(Querist) 29 September 2011
This query is : Resolved
Name of married daughter in mothers property
Sir, my father in law was govt. employee. he was not farmer by birth, but in very early days from extra income, and influence he managed to purchase agricultural land on the name of his mother and became farmer. then he transfered the land to his wife's name( my mother in law). then he sold the land and purchased land in other city. now my father in law is no more. but he did not enter name of his two daughters(married) in pedinama. name of both married son is in pedinama. now i want your opinion that
1) is my father in law family is farmer?
2) both the daughters have any right in property?
3) what if brothers are not ready to enter her name in pedinama.
4) mother on whose name land is serious on bed. and brothers have managed to take will as per their need? any legal option for sisters?
ajay sethi
(Expert) 29 September 2011
if your mother has left behind a will then property will go to your brothers if will is in their favour .
is your mother in fit condition to make a will . if she is mentally sound and in a position to make a will property will devolve to legatees whom she desires shall have the property .
R.Ramachandran
(Expert) 29 September 2011
From your post it is not clear when did your brothers-in-law got the WILL written from your mother-in-law.
If it was recently, and if your mother-in-law was not in sound health, then your wife can definitely challenge the validity of the WILL (as having been obtained through force, undue influence, fraud etc.).
prabhakar singh
(Expert) 30 September 2011
1) is my father in law family is farmer?
yes or no has no bearing on your case.
2) both the daughters have any right in property?
only when mother gives by will or dies intestate.
3) what if brothers are not ready to enter her name in pedinama.
4) mother on whose name land is serious on bed. and brothers have managed to take will as per their need? any legal option for sisters?
If any will is caused to be made by your brother you shall have right to challenge the same on the ground of her illness and incapacity to comprehend a will and that there was no free consent from her and will was obtained by brothers playing fraud and undue influence,the will was neither read over nor was she capable to read nor did she understood it a will nor was her such last desire,all was result of benefit taken due to fiduciary capacity enjoyed by brothers,witnesses are of their collusion whose signatures are obtained afterwards,neither they signed/marked before your mother nor did your mother signed /marked before them,etc.
