Husband did not leave any share for me in his Will. What to do?
My husband expired in 2008 with a registered Will giving most of the property share to two sons and a flat to 3 daughters and nothing for me. One portion of my his property is ancesteral and other is a shop in a Govt. market.
My sons don't want to keep me with them and I stay with my youngest daughter. They are giving me an amount of Rs.12,000 per month. They are not ready to give my daughters' share to them and not ready to give me any share in the property.
I have no other source of income. Please help.
At the outset we would like to inform you that you can always challenge the Will of your late husband on several grounds like Forgery, incapacity, etc. to name a few. If there is any other Will of your late husband with you, registered or unregistered, which bequeaths the property in you, you can always file a Probate case before the Hon'ble Court.
You can also file a suit for Partition seeking your share in the property of your late husband and can get an injunction order against your sons for not disposing off the property.
For your daughters' share, you have mentioned that the flat was given to them by your late husband vide his Will. What you have not mentioned is that who has the physical possession of the flat? Is it with your sons? In such a case, they have to file a Partition Suit or get the Will Probated, so as to initiate action for the injustice meted out to them by their brothers.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Nana died without any Will. Does everyone have share in that property
- How to get bail in a cheque bounce case
- What happens to personal loan if a person dies
- Does son have share in late mother's property or only husband has?
- Neighbor has prepared forged documents of my property, what to do?