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Sandee Dwivedi   11 March 2016

Right of a woman in in-law's property

We were two brothers and two sisters each of which I am the youngest. My father was a govt officer he expired 26 years ago. After his death my elder brother was employed by the govt on basis of compassion for the dependents of a deceased employee. He got married in 2004. His wife never lived with us forcing for a partition. However as long as my mother lived there were no chances of partition. My brother died back in 2013 and his wife joined the govt service on his behalf. In 2015 my mother died and left an unregistered will on stamp paper duly signed by two witnesses stating that, The house we live in will be given to us in equal portions as co-owners and there will be no other contenders. Lately, my elder deceased brother's wife presented a claim in the municipal corporation for her name to be registered as a co-owner of the house in the records. My mother bought this land back in 1989 and then constructed the house upon it. This property is solely registered on my mother's name and is self-earned by her. The municipal corporation has issued a notice without letting us know anything (seems clearly that they've been bribed) and now say that in 20 days my brother's wife's name will be put in records as the co-owner of the house. I searched for the solution and came to know that as per Hindu succession act, 1956, my brother's wife has no rights whatsoever upon any of her mother-in-law's i.e. my mother's  self-earned property. What shall I do or where shall I appeal to get all this process postponed not letting the municipal corporation to put my brother's wife's name as a co-owner of our house in their records? Please show me a way.

Thanking in anticipation,



Learning

 5 Replies

KS Johal   11 March 2016

The municipal corporation has no right (or authority) put your sister in law's name as a co-owner of the house (even if they were bribed). The reason she has an interest in the property is because off your brother. If your mother had petitioned the house then obviously your share would be different and your brothers share would have been different. She is going on the basis that her husband in fact your brother had a share in the property and therefore according to the succession act she is the rightful owner of that share. A typical example is that when your father passed away all the property belonged to your mother. It is on this basis that she is pursuing this. The only way that you can stop her is by proving that your brother has never input financially into the house, and therefore there is no rightful claim for her.
1 Like

Suneet Gupta (www.vashiadvocates.com)     11 March 2016

The Municipal Corporation cannot unilaterally add anyone's name to your property. They need to get a Court order to change the property records. Send them a legal notice.

As per the Succession Laws, if your mother has made a Will then she has full rights to pass on her self-acquired property to any person she wishes. Your wife, or for that matter your brother or his children have no right to the self-acquired property of your mother, if she has willed it to you.

1 Like

Sandee Dwivedi   11 March 2016

Thank you for your timely and valuable advice Sir @Suneet Gupta. So now I shall consult a lawyer and send a legal notice to municipality through him. One thing I was thinking on is, whether the will is registered or unregistered it doesn't matter? Only I have to let the two witnesses appear before the court and it will be treated as a registered one.

With lots of appreciation and thanks,

Suneet Gupta (www.vashiadvocates.com)     11 March 2016

It does not make a difference whether the Will is registered or not, as long as the Will is properly executed and witnessed. You might need to produce the witnesses at the time of probate of the Will. Any interested party (i.e. any person inheriting under the Will) cannot be a Witness to the Will.

1 Like

Sandee Dwivedi   11 March 2016

I understand that sir. Any beneficiary couldn't be a witness of the same will. Thank you very much.


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