Vasiyat Related Life Interest Right

500 votes

As per your query, if your father-in-law created a Will giving only 'life interest' to your mother-in-law, then she has no absolute right to sell the property. Life interest means she can only use the property during her lifetime. The ownership after her death will automatically pass to the ultimate beneficiary mentioned in the Will, which is your wife in this case. Any sale deed executed by your mother-in-law without consent of the remainder owner will be void and can be challenged in Civil Court. Your wife's right is protected under Indian Succession Act. To stop the illegal sale, we can immediately file a civil suit for declaration and permanent injunction in Gorakhpur District Court. We will also send a legal notice to your mother-in-law and the potential buyer. For detailed case strategy and document verification, a personal consultation is advised. I handle such property disputes in Gorakhpur courts regularly.

Advocate Shamma Perween LawRato

972 votes

she cannot sell the property, even if she wipl sell it the sale will be invalid, give a wrritten notice to respective sub registrar and authority so that the registration can be checked . contact an advocate personally.

Advocate Vijay Kumar Shukla LawRato

517 votes

if your wife is only daughter of your parents being the shareholder and the successor only of the property which is ancestral in nature . she can see can file a suit for the partition of the land against his her share

Advocate Hariom Dubey LawRato

619 votes

If your father-in-law has executed a Will giving the land to your mother-in-law only with a life interest (life estate), and the Will clearly provides that after her death the property shall pass to your wife, then your mother-in-law ordinarily has only a limited right to enjoy the property during her lifetime. She would be entitled to possess, use, and derive income from the land, but she would not become its absolute owner unless the terms of the Will expressly confer such ownership. In such a situation, whether she can legally sell the land depends entirely upon the wording of the Will. If the Will grants only a life interest and specifically creates a remainder interest in favour of your wife after the death of your mother-in-law, then your mother-in-law generally cannot transfer a better title than she herself possesses. Any sale made by her may be effective only to the extent of her life interest and may not extinguish your wife’s vested or contingent rights under the Will. Indian courts have repeatedly held that where a testator intentionally creates a life estate in favour of one beneficiary and directs that the property should devolve upon another person after the life tenant’s death, the subsequent beneficiary’s rights must be respected according to the intention expressed in the Will. Therefore, the crucial issue is the exact language used in the Will. If the Will unambiguously restricts your mother-in-law to a life interest and provides that the property shall pass to your wife after her death, your wife may have a legally enforceable future interest in the property. Before any sale is attempted, the Will should be carefully examined by a property lawyer, and if necessary, appropriate legal steps may be taken to protect your wife’s rights. A definitive opinion can be given only after reviewing the complete Will.

Advocate Lalit Saxena LawRato

932 votes

your father in law will have to go as per Hindu succession act for devolution of heirs class 1 heirs class 2 heirs the wife will be the lawful owner so go to court to get the transfer of the property according to the hsa

Advocate Spiti Sarkar LawRato