Re: Daughter's legal right in her deceased mother's property.
Kartik dhar
(Querist) 24 January 2011
This query is : Resolved
Hello Xperts!
My mother, Urmila Desai (names hidden) is 54yrs residing in Indore, M.P. Her mother, Jamnabai, died naturally in the year 2009. Her mother, Jamnabai had owned a residential property in Indore.
There are 2 brothers and 3 sisters. But these brothers have now made a WILL and registered it on behalf of the deceased mother, Jamnabai, which states that every one is entitled equally to the property EXCEPT my mother, Urmila Desai.
My mother, Urmila Desai, was allowed to accomodate that property by her mother, Jamnabai when she was alive. Urmila Desai had been living there with her husband since 2000.
Documents she has:
Ration Card.
MPSEB Electricity Bill on her name.
Bank Accounts.
Passport.
She is still in posession of the said property since 2000.
Urmila Desai, has now filed a suit in the Civil Court for redressal and relief.
What are her chances to win the case?
Please advise in breif, thanks!
Much Appreciated!
adv. rajeev ( rajoo )
(Expert) 24 January 2011
If it was the self acquired property of Jamnabai, then will executed by her holds good. If you find any fraud in the will then it can be challenged by your mother by filing a suit for partition and separate possession
R.venkatesh Naidu
(Expert) 26 January 2011
if a property stands the name of any female, the property has her self property. other persons including her sons or daughters could not claim over the property.
The Will comes to effect after your mother's demie. And also still, she is in possession and enjoyment. So her life time the Will not comes effect. there is not necessary to file a suit for partition.if she alive can cancell or revoke the Will.
if the Will made under coercion, fraud, undueinfluence, your mother can file a criminal case and then proceed.
