property dispute
Querist :
Anonymous
(Querist) 25 December 2010
This query is : Resolved
My father-in-law has two sons and two daughters. he has a house and site but it belongs to my mother-in-law. my father-in-law built upstairs only. They registered a will distributing the property equally by 4 parts. but while the old couple were ill, the sons frightened them and registered another will saying the property belongs to only sons. my father-in-law died on 22nd dec, 2010 and my mother-in-law was telling what happend to them. In this connection do the daughters have any right over the property? Is the second will is legally powerful? As the original site belongs to my mother-in-law, can her daughters claim their share in the property? pl answer.....
Dineshwar Singh Kaushik
(Expert) 25 December 2010
If your mother-in-law is alive then the second Will has no sanctity because the property is in her name. Yes daughter can claim their share in it.
Arun Kumar Bhagat
(Expert) 26 December 2010
Ask your mother in law to make third will in which she has to write that all previous wills and codicils are cancelled.
Devajyoti Barman
(Expert) 26 December 2010
Since the Will was made under coercive circumstances that is not valid. The sisters should file a suit for partition.
R.Ramachandran
(Expert) 26 December 2010
Since the property is in the name of mother-in-law and since she is alive, the daughters cannot ask for any partition.
As suggested by Mr. Arun, the mother-in-law can write a fresh will, cancelling all her previous Wills and Codicils. In the fresh Will, she can give the property to whomsoever she wants. Only the last WILL written by her will prevail. (Of course even this will be contested by the aggrieved parties by alleging that the will was obtained by fraud, undue influence, coercion, threat etc. etc.).
Kirti Kar Tripathi
(Expert) 26 December 2010
I ALSO AGREE WITH MR. RAMCHANDRAN. HE HAS CORRECTLY ADVISED.
Surrender K Singal
(Expert) 26 December 2010
That is the best way to have a fresh last will from the owner of the property
