How can Daughter in law claim property mentioned in the will

680 votes

Since the will is not probated, it has not seen light of the day. Therefore, it is not valid.
In order to own a property in terms of Will, one must get the Will probated.
If Will is not probated, the property can be treated as ancestral and you can seek partition of the property by filing a suit of partition along with injunction to restrain them from selling, alienating, renting, or creating any third party interest in the said property.

Advocate Kirti Parmar LawRato

926 votes

Hi,

first of all they have to transfer the property in there name. second whether will is supported by two witnesses. it is better if you provide me copy of will.

My Grandmother A has made a will that is unregistered an unprobate in the name of his 4 daughter in law. My grandmother has 5 sons and 3 daughter among them they give their property right to 4 daughter in law by a will which is not registered but signed under healthy circumstance. It was clearly written in the will that her daughter has no right in the property and she has given share to her 5th son already. Now their 4 daughter in law want to sell the property. So is possible to sell the property on that Will.

Advocate M P Siddiqui LawRato

609 votes

You have to filed an objections before the district judge and challenge the authenticity of will and also to b established that this will was under an influence and executed without obtaining a medical certificate from the comptent medical experts and she is not in a position of state mind because your mother affectionate with her daughters too

Advocate Harsh Kumar Gautam LawRato

869 votes

First you need to ascertain if the property is self acquired or ancestral. If it is self acquired, only then can she Will it. In order to sell the property, you will need to have the Will probated in the names of the beneficiaries. Once that is done, then the tile of the property will have to transferred to the beneficiaries, and only then can the daughter-in-law sell the property.

Advocate Angad Mehta LawRato