Inheritance / will
Ali Akbar R Lalani
(Querist) 20 December 2012
This query is : Resolved
Mr. A had two wifes Mrs.A-1 & Mrs. A-2.
Mrs. A-1 had NO child and Mrs. A-2 had two children) i.e., one son and one daughter.
Thus the children of Mrs.A-2 was the step children of Mrs. A-1
Mr. A has bought property from his father in law (Mrs. A-2 father). Mr. A “WILL” that after me the house to be shared equally by Mrs. A -1, Ms.A-2, his Son & Daughter.
THUS THE DISTRIBUTION OF SHARE ARE AS UNDER:
Mrs. A-1 – 25%
Mrs. A-2 – 25%
Son – 25%
Daughter – 25%
Mr. A died; now Mrs. A-1 (and her Step Daughter) made a “WILL” that the above said house was purchased by her husband from her father and Quoted the NAME OF MRS A-2 FATHER AS HER OWN FATHER & also that this house belongs to Her Father (Mrs. A-1’s father) (But the above said content was not justifiable as the said property was of Mrs. A-2 father and Not her and also she Quoted the NAME OF MRS A-2’s FATHER AS HIS OWN FATHER was also not justifiable).
In this will Mrs. A-1 transfer her share (i.e., 25%) to her Step Daughter and placed a condition that without her Step Daughter permission neither Mrs. A-2, nor her Step Son can sell the said house. And now Mrs. A-1 is dead. The WILL of Mrs. A-1 was supported by a Doctor that she was in proper state of mind while doing this will.
Is the above WILL of Mrs. A-1 valid? As she had quoted her father name wrong and also a wrong statement that this house belong to her father but it was not so and it belong to Mrs. A-2 father, and is the transfer of her (Mrs. A-1) Share to her Step Daughter valid? Also Mrs. A-1 did not disclose that she had made such will to any of her relative, which she usually doses.
Now the daughter has in all 50% share (i.e., her 25% and transferred from Mrs A1, 25%).
Since she has 50% of the share can she stop Mrs. A-2 and his brother from selling the said house as he has 50% share It.?
Can the WILL of MrsA-1 be challenged in the court; and can she be made liable for forcing her step mother for making such will?
What Is the remedy for Mrs. A-1 and Her Son as per law as they both do not have good relation with her daughter and his sister respectively.
any case law regarding the same
thanks & Regards
ajay sethi
(Expert) 20 December 2012
for case law visit indian kanoon website
R.K Nanda
(Expert) 20 December 2012
contact local lawyer.
Raj Kumar Makkad
(Expert) 20 December 2012
For relevant judgment visit www.indiankanoon.com
Ali Akbar R Lalani
(Querist) 21 December 2012
Hello ! all plz do provide me with the solution
Raj Kumar Makkad
(Expert) 21 December 2012
You require only relevant law and all experts have already directed to do some labour to trace out the relevant law so where is the noncooperation on their side?
