Will
SOMI
(Querist) 09 July 2012
This query is : Resolved
I am living in my father in law house which he acquired from his self earning, with my husband, son and mother in law from the last 8 months my father in law expired in 2011.
My father in law had made will in my husband name (unregistered), in this will he had given right to our mother in law to stay there as long as she alive and after that my husband has full right as absolute owner of that house, daughter has no right to raise objection and challenge to the will.
Now all the daughters and mother in law wants partition of the house and demanding there share.
Can daughter with the help of my mother in law entered our house forcibly and stay there forever and treated me as servant of the house.
Pl. reply
Adv.R.P.Chugh
(Expert) 09 July 2012
In my considered opinion, since mother in law has a life interest in the flat that is confined to her residence - you cannot evict her, over and above that no one has the right to seek a partition as the property belongs to your husband exclusively. You should in the fitness of things, seek a probate of the will, a probate is will that bears the stamp of approval of the magistrate on the basis of which property can be mutated in your husband's name. You can seek permanent injunction restraining your sister in law from entering or disturbing or interfering with your peaceful possession.
