Will related

Ramya (Querist) 07 July 2021 This query is : Resolved
Can I plea for temprorary suit for bare injunction IF
1. my Mother in law is trying to alienate the property which is against the will
2.Mother in law is trying to alter the will which is against the intention of father in law
3.Mother in law is attempting to take away the right of my husband in the property.. (who passed away)
4. Praying for the stay on the alienation of d properties to which my husband has a right in terms if the original will..

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Quick Summary

This discussion addresses whether you can file for a temporary injunction to prevent your mother-in-law from alienating property against the terms of a will. It's suggested that you can indeed seek both a temporary and permanent injunction, potentially through a suit for partition to claim your deceased husband's share. To proceed, you'll need to provide more details about the will and its status, and it's advisable to consult a local legal expert.

kavksatyanarayana (Expert) 07 July 2021
You and your children if any have a right to the property if your husband is a beneficiary of the Will for his share.

SHIRISH PAWAR, 7738990900 (Expert) 08 July 2021
Hello,

You are praying for an injunction only so you will have to make a final prayer also. Contact local expert advocate.

Dr J C Vashista (Expert) 08 July 2021
Yes, you must pray the court for a permanent injunction and interim injunction through a local prudent lawyer.

P. Venu (Expert) 08 July 2021
The facts posted are less than wholesome. lease post the material facts.

Whose Will? When did the testator die? Who are the beneficiaries of the Will? Has the Will been acted upon by getting the probate (if required) and/or applying for mutation?

T. Kalaiselvan, Advocate (Expert) 14 July 2021
You can very well file a suit for partition for claiming your deceased husband's share in the property as one of the legal heirs to your deceased husband.
You can file an interlocutory application also seeking injunction to restrain her from committing all such activities which are detrimental to the interests of the co-sharers in the property.

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