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Property right of my sister in law in my mothers property
04-Mar-2023 (In Property Law)
My mother has three children all are married but my brothers wife dosent have good relation with my brother . She is doing a govt job in u.p. and didnt came our home in last six years even to meet and see us . Though we have not taken divorce for him . My brother has also done wasihat in the name of his niece claiming that his wife has no right on his property . My ques is wheather she can claim that property legally and the property associated with my mother . Can she claim the part of that too....what can be the legal proceeding can we do to prevent that ....is that wasihat valid or not
(1) If your brother has made will (wasiyat) regarding his self-acquired property or regarding his share only, then such will is valid.
(2) Wife of your brother could have been entitled to maintenance only if she would have been unemployed. But she is a Govt. employee, then she is not entitled to maintenance from your brother.
(3) As your brother has made a will specifically excluding his wife from the property, she is not entitled to any share. She also cannot claim the property associated with or owned by your mother.
(4) She cannot claim even parts of the properties owned by your brother and your mother.
(5) You can do nothing to prevent her from filing claim in Court on the properties. But, you can establish in the Court by producing the will that she has already been excluded from the property.
(6) As I already said, the will (wasiyat) made by your brother will be valid with respect to his self-property only, or with respect only to his share in ancestral property, if any.
(7) For the credibility of the wasiyat, it should be duly executed and registered. And the reason of exclusion of his wife should be separately explained in detail, in the will.
(2) Wife of your brother could have been entitled to maintenance only if she would have been unemployed. But she is a Govt. employee, then she is not entitled to maintenance from your brother.
(3) As your brother has made a will specifically excluding his wife from the property, she is not entitled to any share. She also cannot claim the property associated with or owned by your mother.
(4) She cannot claim even parts of the properties owned by your brother and your mother.
(5) You can do nothing to prevent her from filing claim in Court on the properties. But, you can establish in the Court by producing the will that she has already been excluded from the property.
(6) As I already said, the will (wasiyat) made by your brother will be valid with respect to his self-property only, or with respect only to his share in ancestral property, if any.
(7) For the credibility of the wasiyat, it should be duly executed and registered. And the reason of exclusion of his wife should be separately explained in detail, in the will.
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Adv. Sandeep Naik
Indore | 200+ Answers
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