rajesh (other) 01 October 2013

Property disputes

Hi there,

a woman is a widow from last 11 yrs now and is living at the same property where got she married 40 yrs ago. She has 2 daughters only and both are married in different city. She has a sister-in-law and she got married aprox 20 yrs ago and living in a different city. There is no one other in the family now , and the matter is .... her father-in-law did a will before her husband's death and clearly mentioned that his all movable and immovable property will belong to his son after his death and he has given a big banglow to his daughter as a token of love on her marrige , no other relative or his daughter claim to his property after his death. But his son deceased before his death and widow's father-in-law changed his will and given all his property to his daughter. Now father-in-law is also no more , now who is the legal hire of this property as the widow is living there alone after her father-in-law's death also, and her sister-in-law put a case against her to vacant the property......plz advise .......

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T. Kalaiselvan, Advocate (Advocate) 01 October 2013

A testator of WILL has got full rights to revoke his WILL any time during his life time and make a fresh WILL as per his desires. A WILL made on your sis-in-law, especially in the event of the demise of your father-in-law subsequently, the WILL gains its legal validity. However, please state that whether the property described in the WILL was a self acquired property or ancestral property?, if it was ancestral property, your f-in-law has got no right to bequeth the entire property on his daughter's name, you and your children have rights over your legitimate share in the property in the capacity of legal heirs of your deceased husband; further more, even if the property described in the WILL were self acquired property, and the WILL was not acted upon, you can file a suit on the grounds of adverse possession, you may find some respite after service of summons to your sis-in-law, may be a compromise or alternative solutions. Advocate Kalaiselvan, Ph: +919443441062