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Dipu (Software Engineer)     17 August 2014

Share and dispute of property on mother's name

Hi Sir,

My wife's mother who is currently alive has inherited a two storeyed house from her mother after her mother’s death. The mutation has been done on my wife's mother name after the death of her mother. My wife has only one brother who wish to grab the entire house and he has started some construction in the ground floor of the house without the consent of his mother. Now my wife's mother does not want his son to continue with this construction and she want him to stop this. Therefore how she can stop her son to stop this construction legally?

He claims that his grandfather (father of my wife's mother) has made a will on his name which we don't believe and is not willing the show any when we ask him to show. Is it possible that he has made a forged will? Also he a  has kept a room in the ground floor under his possession and has locked it. Can we stop this possession?

My wife's mother wants to give this property to a local builder to start construction of flats. The builder after completion will give some flats as per agreement but his son does not want this and he has told he will not allow this to happen as he wish to occupy the whole house.

What will be my wife's share on a house which is on her mother's name in absence of her mother and if no will is made and how can we stop the construction legally that his brother is making on the ground floor?

 Please advice.

 



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 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 August 2014

Your mother in law can file a suit for injunction against her son so stop the construction. The house belongs to your mother in law. After her demise, your wife and her brother will have equal share in it i.e., 50-50% share to each.

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