Stayed property

Originally posted by : Rakesh Sharma
	my mother in law is widow. she purchased a plot in Jaipur by using money received from funds and gratuity of her husband. she constructed a house on it. I do not have a brother in law. i have only sisiter in laws. Son in laws of my mother in law(except me) has obtained a stay on the house she is staying presently asking court that they are share holder of this house.  Can she prepare a will and keep it in custody of a relative. and can he stand in front of Judge on coming date to tell the truth that she is alive  and staying in house so stay may be vacated. She is 60+ and Diabetic and ill. She wants to do this to close the case early beacuse my wife is with her only and is not coming to stay with me in my house baecuse of this court case. Pl help   Corporal Digvijay Sharma Air Force Station Pune MH

I dont know what is your understanding of Hindu Law and Transfer of property.  But whatever it is, it is totally wrong.

The daughters, and grand children of your mother in law have equal share.  Now Grand children will get share in property only if mothers are not there.  Any how son in laws cannot ask share in the property at all.  And you are telling son in laws have got stay on the said property?  It can be so that daughters have gotten stay on the property and not their husbands.

It looks like the property is self earned.  The gratutity money she got is hers, as she is widow.  Now rest of the money from where did she get?  Is it self earned  money?  I assume so.

In that case this is self earned property and she can give it to anybody she wishes.

If there is component of ancestral property involved, then like I explained above daughters have equal share in it.

If simply the daughters put case knowing that it is self earned property, then you need to fight such case based on merits (as gratuity got become self property of the widow).

If she wants to make will let her contact advocate locally, get the will registered.

Son’s in law have NO share in the estate of their father in law.

So the daughter’s must have filed the case.

Your mother in law can write WILL on share/estate that has come in her hands from her husband’s side.

She may engage a very able local counsel of unshakable repute and integrity specializing in succession/civil matters and contest the case.

Daughters filed a casE for partition for their share in  property AND NOT THEIR CHILDREN THROUGH REGISDTERED WILL EXECUTED BY THEIR MOTHER. iF WILL IS N9T THERE PROPERTY IN THEIR MOTHER'S HANDS BECOME HER OWN PROPERTY AND SHE CAN DO WHATEVER SHE WANTS WITH THE [PROPERTY TO THE EXCLUSION OF EVERYONE.iN THAT CASE ALL THE DAUGHTERS CONTEST IN COURTS FOR PARTITION. AND ALLOTMENT OF THEIR SHARE.dAUGHTERS MUST HAVE OBTAINED STAY.