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Can I claim share of ancestral property after if i am not in the Will?


20-Jun-2023 (In Property Law)
My father-in-law had one flat and one house. After the death of my mother-in-law, my father-in-law got remarried. Under relative's pressure, my father-in-law transferred the will of his flat in my husband's name as it was previously in the name of my late mother-in-law. The flat's will was made in my husband's name by making it a gift will from my sister-in-law so that she cannot claim the flat in future. Recently, my in-laws shifted to their house after handing over the flat's will to my husband under bitter circumstances as due to my second mother-in-law's recent behaviour and politics, the relation between my husband and my father-in-law became bitter. Now, my second mother-in-law and sister-in-law are trying to transfer the will of the entire house which is now in my father-in-law's name to their name without giving any share of that house to my husband. As it is my second mother-in-law, will she able to get share of the property depriving my husband & sister-in-law?
Answers (3)

Answer #1
555 votes
All the persons having equal right in terms of law and no one can deprive any one unless the document is registered one. Once a property is gifted out the same could not be taken back. Hence question of again making of will and transfer of property could not arise at all. You are some where mistaken while putting your query. Unless the documents can be examined it could not be opined how to act and how far the same is valid and subsisting in eyes of law.
Answer #2
610 votes
As understood from the stated position, there two properties-one flat and one house.It is imperative to study both mother deed and the current title deed, the legal instrument (s) by which the flat got transferred in favour of your husband and your sister-in-law's NOC.If you are interested to proceed further in the matter, contact lawRato for instructions and guidance.
Answer #3
815 votes
Dear client,
As per the details provided by you I would say that as the said property belongs to your father in law he can do whatever he feels prior to his death, if he wishes he can cancel the previous will and can make a new one or he can sell or gift his property to anyone he feels so, you have no legal right to do anything. But if you are in possession of the said property then they will have to obtain court's decree for your ejectment from the said property.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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