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Bruce (Assistant Manager )     13 November 2020

Inheritance

My father has written a will in favour of my mother. He is breathing his last. We live in a property which is their marriage home given to him by his grandmother. But his mother inherited the property upon his grandmother death. Also My father's father died in estate and his property was not divided amongst the 5 siblings and his mother till date. What legal options does my mother have so that after the death of my father they should not throw her out of her marriage home. Also since my father named her as the beneficiary in his will. Would she be able to claim a share in the property of her late father in law.


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 4 Replies

P. Venu (Advocate)     14 November 2020

The posting is confused and lacks clarity. Please post simple facts.

Bruce (Assistant Manager )     14 November 2020

My Father is living in a home since his marriage which belongs to his mother who is alive. He, his mother and 5 siblings have a share in his father's property who expired in year 93. He has now written a will in favour of his wife. Post his death will my mother be able to lay claim to his father's property. And can his mother ask his wife to vacate the Home that they were living in at the time of his death.

Dr J C Vashista (Advocate)     15 November 2020

Consult a local prudent lawyer with relevant documents for proper analyses, professional guidance and necessary proceeding as you are unable to convey true / simple facts of the dispute.

P. Venu (Advocate)     21 November 2020

Are you trying to provide clarity or confusion? Please clarify the following aspects if you really have a problem and desire to have a meaningful suggestion:

A. "My Father is living in a home since his marriage which belongs to his mother who is alive."

Admittedly, the property belongs to his mother or your grandmother. She is the absolute owner. She can deal with the property in any manner she likes, during her lifetime. May be your father and mother have been staying in this property. But that does not vest your father any right or interest in this property and hence cannot make a Will of this property. If at all made, it will be just a useless piece of paper.

B. "But his mother inherited the property upon his grandmother death"

His grandmother - do you mean to say your father's grandmother i.e. grandmother's mother? If so, how - by partition, settlement/gift or  Will?

C. "He, his mother and 5 siblings have a share in his father's property who expired in year 93"

""Would she be able to claim a share in the property of her late father in law."

Is this a different property? Who is in possession/occupation?

D. "What legal options does my mother have so that after the death of my father they should not throw her out of her marriage home. Also since my father named her as the beneficiary in his will"

Which are the properties covered by the Will? Why you have the feeling that "they should throw her out of her marriage home"?   Who are "they"?

 


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