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Author Topic: Wife expired - In-laws creating problem to share property  (Read 743 times)

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Offline rao.vizag1

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Wife expired - In-laws creating problem to share property
« on: December 08, 2015, 01:08:31 AM »
I got married more than 25 years back and my in-laws promised my wife that she would be given 1/3 rd of property (ancestral property). With in few months of our marriage, our in-laws created such a situation at their home that we had to stop visiting them as our younger brother-in-law (my wife has 2 brothers) was eyeing on our property share. My wife fell sick 10 years after our marriage and fought cancer for more than 15 years before she was expired. In the mean time, my father-in-law wrote a will giving us some share in the property (though much less than 1/3 rd share) and based on that will (my wife was never invited for any of those discussions), my father-in-law and my brother-in-laws sold some of the property that came under their share.

In the mean time, I have moved to USA 11 years back where my wife expired.  I spent all my money for her treatment but there was never any help from my in-laws.

I have one son, 25 years old and after graduation in engineering, he left us stating that he can't live in this tense situation (mother being sick for a long time) and did not even turn up for his mother's final rituals.

Looking at this opportunity, my in-laws are stating that they would give the commercial site (part of our share as per the will)  only to my son and we have to forget about the lands (which is also part of our share as per the will). My father-in-law stated that he would cancel the will as he has right to do so.

Before dying, my wife wrote a will indicating that all the property inherited by her should belong to me, as she was not sure if my son would ever come back and maintain relation with me. In spite of her repeated requests, he did not come to see her though she was bed-ridden.   

My questions are as follows:
1.  do I have any right to fight over the property, in case my son (I have only one son) does not join hands with me to fight this case?
2. Can my father-in-law change his will after some of the properties were sold based on that will?

Offline adv.amarnath

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Re: Wife expired - In-laws creating problem to share property
« Reply #1 on: December 08, 2015, 09:21:56 AM »
You matter is bit complex. It is not clear that the property is belong to your father in law or your mother in law. First you clear to us.

Apart from that if any property is being mentioned in the WILL and same has been sold whether partly or fully then the property mentioned in the WILL will be invalid and rest will be valid and effective. But all WILL must get probate.

« Last Edit: December 08, 2015, 09:45:44 PM by admin »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rao.vizag1

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Re: Wife expired - In-laws creating problem to share property
« Reply #2 on: December 08, 2015, 07:00:46 PM »
The property mentioned belongs to my wife's grand-father which was inherited by my father-in-law.

My father-in-law and my brothers-in-law sold their share of a commercial land split as per the will written by my father-in-law without the consent of my wife and he is threatening that he would cancel the will. Is sale of the property valid, as the sale was done without the signature of my wife? Can that will be cancelled as part of the property under that will is being sold by my in-laws convincing the buyers that proper share was given to my wife and hence she would not object. But now he is threatening that he would cancel the will.

As a husband, do I have any right on that property or only my son will have the right? 

Offline rao.vizag1

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Re: Wife expired - In-laws creating problem to share property
« Reply #3 on: December 08, 2015, 07:04:04 PM »
Also, my mother-in-law has some property inherited from ancestors but she wrote it to her sons and their children.

Offline adv.amarnath

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Re: Wife expired - In-laws creating problem to share property
« Reply #4 on: December 08, 2015, 07:17:39 PM »
As per your statement, neither you nor your son has rights over the property of your father in law as well as mother in law. Inspite of having WILL in your wife's favour, she cannot claim. WILL is a mere testamentary documents where the testator writes his wish in respect of his properties devolution after his death. WILL does not creates any rights on beneficiaries. Testator during his life time has every rights to cancel his WILL and make another one in favour of others.

So poking into your father in law or mother in law property will be waste of time and money
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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