Civil Procedure Code (CPC)

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Possession of property as legal heir

Querist : Anonymous (Querist) 21 October 2017 This query is : Resolved 
my husband made a will in which he gave a house to our daughter and son in law. but last year our daughter died in car accident. my husband also expired after few months. now my son in law is having the possession of that house . so can i get the house back from him. as i read that if beneficiary dies before person making will. the will gets cancelled.
Vijay Raj Mahajan (Expert) 21 October 2017
Will cannot be implemented without getting it probated from the civil court.
Even if the Will made and it was not probated by the court it is not executable and the right of all legal heirs including the wife of the deceased man exists in his property and other estate.
The son in law is in possession of the property that was not even inherited by his wife before her death.
The Will mentioned name of two beneficiaries out of which one died prior to the testator hence the Will as such became infructuous and non-operatable unless any mention was specifically made that either of the beneficiary could enjoy solely the property mentioned in the Will if the other beneficiary died prior to the testator. You can move court for getting order to enter and enjoy the property of the deceased husband as his sole heir and removing the son in law as intruder.
Rajendra K Goyal (Expert) 21 October 2017
No advice from me to an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.
Nitish Banka (Expert) 21 October 2017
You may file a suit of declaration title and recovery of possession. let him prove the will if required.

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