will of my father inlaw

Querist : Anonymous (Querist) 13 May 2011 This query is : Resolved
my father inlaw made a will in my husbands favour but my husband expired and the will is with me .am i now the legal heir according to will as a widow of my late husband.
my father inlaw said he is not going to make another will,and i want to sell it does i have to give my father inlaw some interest if i sell the property. if this goes in court can there be outside court settlement

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M/s. Y-not legal services (Expert) 13 May 2011
Yes. As a legal heir of your deceased husband you are entitled to sale the property.. But you have some legal problem. Yes directly you can't sale the property.. You have to file a succession original petition for declare you as a legal heir. After that only legally you are allowed to sale it.. More over still your father in law still alive. If any terms as after his death only the will become valid mean surely you can't sale it. But you have one alternative solution.

M/s. Y-not legal services (Expert) 13 May 2011
Still your father in law alive.. So if you have good relationship maintaining withi him., just ask him to cancel the earlier will. And ask him to make a new will in favour of you.. Its may avoid lot of formalities. All the best for rest of your life.

abhay dholakiya (Expert) 13 May 2011
i think in my sence you can maintain good relation with ur father in law because as per will u r only person who get entitle benefits of will if your father in law will going to cancle will then any other member of your family like any brother or sister of your husband may entitle to claim on property of your father in law.(if he will not make a new will in favour of yours)

Sachin Bhatia (Expert) 13 May 2011
Your father in law is still alive and A will can create a testamentary trust that is effective only after the death of the testator so it is better to make a new will in favour of you.

Advocate Bhartesh goyal (Expert) 14 May 2011
The will comes in effect after the death of its testator.in your case your father in law {testator} is still alive so you can not enjoy/get benefit of will as legal heir of your deceased husband and can not sale the prooperty.

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