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How to claim share in mother in laws property
20-Jun-2023 (In Property Law)
My father in law had expired 4 years back leaving behind a registered will stating all the movable and immovable goes to my brother in law and we have never disputed. A house property (New Delhi) is in my mother in law name and she was expired last year intestate. When we ask for the share from mother in law, after sending legal notice, he is saying there was a will written by my mother in law before her demise (hardly 4 months). We know there is no such will and how to handle this situation. Please advise
You will have to challenge the will that your brother in law claims to possess in the appropriate court of law and claim your rightful share in the property. Forthwith Get in touch with a property law who does succession and inheritance!
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Adv. Shriya Maini
Delhi | 25+ Answers
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Dear client,
You can file a suit for declaration to the effect that you have succeeded to the property exlusively or in equal share (if there ate other legal heirs) owned by your mother in law who died intestate and claim partition and possession as the Will stated to have been executed is forged and also seek injunction so as no third party interest could be created during pendency of the suit.
You can file a suit for declaration to the effect that you have succeeded to the property exlusively or in equal share (if there ate other legal heirs) owned by your mother in law who died intestate and claim partition and possession as the Will stated to have been executed is forged and also seek injunction so as no third party interest could be created during pendency of the suit.
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Adv. S P Srivastava
Delhi | 200+ Answers
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If the disputed property belonged to your mother in law and is registered in her name then your wife has as much share in the property as her brother has and she can claim it by filing a suit for partition demarcation and or possession of the said property against her brother . However , you have to be sure about the existence or non existence of the alleged will hence your eife should serve a legal notice on her brother asking him to produce the said will and then proceed as per the response . Presently . Your wife should send her brother a notice under the relevant provisions of the evidence act to produce the said will .
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Adv. Suneet Bhardwaj
Delhi | 25+ Answers
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In this case File a suit for declaration and partition..if there is any will then he have to bring before this court if their is no as will then we can easily get our share.
Thanks
Thanks
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Adv. Ankur Gogia
Delhi | 25+ Answers
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