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saritha lekhraj kurdia (BDM)     13 June 2013

Will

Hello Sir/Madam,

 

My name is saritha from hyderabad married to a marvadi from rajasthan. my husband are 5 brothers however my husband is the one who left me but took care of his parents from the beginning. my father in law before his death made a will which is notarised with the witnesses of my mother inlaw and the advocate himself at Degana, rajasthan. I believe it is not registred. now all my husband's brothers are claiming rights on my fatherinlaw's properly. we take care of my mother in law even now. all his brothers broke all the locks of the house at rajasthan and started living there. please suggest if the other brothers will have rights on the house or because the Will is written on my husband's name only hecan claim the property and can we get al the agricultural land, plots and house under my husband's name?

my husband just left for rajasthan to get a Will done by my mother in law and sister in law that they do not have any objection for myhusband to be the legal heir of all the property as the Will is on his name. please suggest if we can get all his brothers out of the house at Rajasthan legally? and make sure that they dont break the locks again and start living there to occupy it??

Please suggest,

Thanking you,

Saritha

9949095193



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 2 Replies

sree 9491505984 (Lawyer, Hyderabad)     13 June 2013

My friend,

If the will is infavor of ur husband he will get all absolute rights on those properties whether the will rigisterd or not. But u should be careful that after the date of will infavor of ur husband, Was there any another will written by ur father-in-law towards any other ? first get answer to this question. All the best

 

 

 

 

Hemang (Advocate)     13 June 2013

If the said properties were self acquired properties of your father in law, and who made the will of such properties preferring your husband as the sole beneficiary of the properties after his death, all such properties indicated in the will become the properties of your husband. Now, only thing that you are required to see is whether the said will was attested by two witnesses. If the will could not be attested by two witnesses, the will looses its effacacy. And if the will is otherwise in order, your other family members cannot claim the properties.  


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