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Share in property

(Querist) 12 May 2010 This query is : Resolved 
My sister's father in law had written in his will that after him, his self acquired property should go to his wife and after her it should go to his younger son and his widowed daughter in law (wife of his elder deceased son) jointly. my sister's father in law and mother in law have expired. His younger son is not processing the documents to mutate the property in his name and my sister as reflected in will. Can my sister ask for her share in the property?
What should be the procedure?
niranjan (Expert) 12 May 2010
Get the copy of will and apply for probate.Your sister can also move mutation proceedings on the basis of will.
B K Raghavendra Rao (Expert) 13 May 2010
Your sister is entitled for 50% of the share in the property. Her brother-in-law, the younger son of her father-in-law gets the other 50% of the property. If the Will is registered, you could get a certified copy of the Will from the Sub-Registrar's office.

Mere mutation does not give the ownership of the property. However, mutation could be effected by producing family tree, death certificates and affidavits to the effect that your sister and her brother-in-law are the only surviving successors to the property and hence mutation.
Surender Dhull (Expert) 13 May 2010
Please tell :
1.Whether the will is registered or not?
2.is your sister is wife of elder or younger.
If your sister is wife of deceased then she and her children can claim on behalf of her husband.
If she is wife of younger then she has no righ to claim.
Surrender K Singal (Expert) 13 May 2010
Probate petition would be the right course


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