Anandu Menon 26 August 2018

2nd widows right of alienation of deceased husbands property which was given to maintain her for life interest only n where she has no children

Shiela aged 80 yrs is the 2nd wife of late gopi. they have no issues. in 1970, gopi transfered his house n 1 acre land to shiela, as part of family arrangmnt to maintain her. there was a condition in the transfer that shiela has only life intrst in it n therefore cannot transfer it. gopi died in 1973. later shiela has full possession n enjoymnt of the property. in 2015, she sold it to Ismail for 2 crore rs. Shiva is the son of gopi n his first wife Sara. Shiva filed a suit to set aside the sale. the trial court decreed in favour of Shiva. shiela filed an appeal to high court. is the appeal maintanable? wat issues can shiela raise? wat grounds r available for Shiva?

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4 Replies

Aks 27 August 2018

Fundamntal legal point: A life interest holder does NOT have any right to sell, gift or Will ,life interest property. She can only use the property until she is alive. After death of life interest holder, the property goes to ultimate beneficiary who inherits the estate.

Make sure that she has life interest only...check the wordings carefully in the Will.

G.L.N. Prasad (Retired employee.) 27 August 2018

When the appeal is filed in Court, you might have received the grounds for such appeal and your advocate can explain the grounds including adverse possession claim if any.