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Madhesh C   23 October 2024

Property rights from deceased wife

Dear Sir,

My father is 80+ years old and I am his son from his second marriage. First my father married his elder sister Muniyammal’s only daughter Savithri in 1966 and his first wife Savithri died in 1973 due to health issues and there is no children from that marriage. Later my father married my mother in 1975 and have 3 children.

 

Here the question is about legal property rights for my father from his first marriage as per below scenario

 

1) His father-in-law died when Savithri was a child.

2) His mother-in-law (Muniyammal) got 7.5 acres of land from her father-in-law through court order in 1961.

3) The land was managed by her and later in 1994 she wrote a ‘Will’ saying that property will go to in the name of her another brother’s sons after her demise and it was registered.

4) Later in 2010, she made a registered Sale deed in the name of her brother’s sons for selling property for 4.5 lakhs rupees for her expenses.

5) The Will registered in their name in 1994 was not cancelled till date.

All these activities were happened without my father’s consent and knowledge.

6) Muniyammal died in 2016.

Is there a way that my father can file a case now and get the property in full or part belongs to his deceased wife?

Need your valuable legal advice on this matter.

Thank you



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     23 October 2024

Since will comes in effect after demise of testator and till the death of testator, he remains the owner of property and has right to transfer the property through sell or gift to anyone .Your mother sold the property during her lifetime so non cancellation of will does not effect on sale and property rights does not devolve to your father.

1 Like

Madhesh C   23 October 2024

Thank you sir for your response.

I heard that husband/wife can claim the part of property belongs to spouse if the property is come from their grandparents.

 

T. Kalaiselvan, Advocate (Advocate)     23 October 2024

The property in question belonged to your father's mother in law which she acquired through court order,  hence she can transfer her property to anyone by a Will or any other mode she may choose. 

Subsequently the sale of property during her lifetime before the Will came into effect is also legally valid hence it cannot be disputed by your father neither he can claim any share in the property in the capacity of legal heir to his deceased first wife. 

1 Like

Madhesh C   23 October 2024

Thank you sir for time and response.

My doubt is family property received from her husband's family will be equally shared between mother and daughter right.

Isaac Gabriel (Advocate)     23 October 2024

There appears no appeal against item No.2 mentioned above.In such an event,no right vested with your father for any claim over the property.

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 October 2024

It is not family property. 

It is your father's mother in law's self acquired property hence your father's first wife never had any rights in that property. 

You may not waste your time in unnecessary litigation which will not fetch you any favorable result 

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