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Binay Kumar Deka   18 March 2017

Challenging a will

My mother in law has possessed a house and a land in Guwahati , Assam, about 1 ha of Agril land in different location which was self acuired property of my father in law. She died in the month of Dec 2016 due to cancer which was detected on January 2016. My wife had one elder sister who got married and got divorced . After my mother in law's death my brother in law asked my sister in law to leave their fathers house ( the owner of the house was changed to my brother in law and mother in law's name after father in law's death in 2006) by claiming that mother in law had made 4 wills in the name of brother in law(that means all immovable properties). According to will ,it was made on 24/7/2016 , wills are registered and all properties are in the name of brother in law . Now brother in law filed 4 probate cases in Guwahati. Whether my sister in law and my wife can challenge those will? Now my sister in law is home less and she had nobody to look after. Few points I have noticed in those wills 1. In typed format of the will mother in law's name was not typed correctly so spelling of her name in her signature is different from the name typed in the wills 2. The spelling of the tittle is also wrong 3. The same advocate who was witnessing the will also handling the probate case. So please advice us


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 6 Replies

Kishor Mehta (CEO)     18 March 2017

Sir, As the property was self acquired by your father-in-law, all of his heirs be

Kishor Mehta (CEO)     18 March 2017

became equal beneficiaries of his property, and your mother-in-law could not bequeath the entire property. However everything depends on the documents that are produced before the Court. Good luck, Kishor Mehta

GANDHI MOHAN BHARATI (Pensioner)     18 March 2017

It is important as to how your mother-in-law got the propertie. Your Father-in-law can by a will, devolve the property in any manner he pleases,the property being his delf acquired property.

If your mother-in-law got the properties by a will then it becomes her self acquired property status under "Women's Property Rights Act". Then she can devolve the property in any manner she pleases

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 March 2017

I agree with Mr. Gandhi Mohan Bharati 

GANDHI MOHAN BHARATI (Pensioner)     18 March 2017

Ramachry Sir. Thank you. You are such experienced person

Kumar Doab (FIN)     18 March 2017

Agreeing with all members/experts.

You have posted that:

 

"My mother in law has possessed a house and a land in Guwahati , Assam, about 1 ha of Agril land in different location which was self acuired property of my father in law." 

You may make it clear who was actual owner of the property.

Father in Law or Mother in law? 

Or both had separate properties?

Is Father in law alive?

 

Was it self acquired by Father in Law and  Mother in law?

 

If Father in law was actual owner then how did it devolve upon Mother in law say by WILL/gift?

Are you all HIndu?

 

 

 


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