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Legacy Vasiyat Husband died left no will
17-Jul-2023 (In Property Law)
I want to know about a house I am hindu living in for the last 30 years at Ferozepur city of PUNJAB. My house property is Registered in my husband's name.
My husband died 3 years back. No will left. He was medically sick. He was on dialysis. His both Kidneys were failed. We had no children.
My father in law 86 years old got legacy vasiyat of this house in his name and done his legacy vasiyat further in name of a grand son from his another son brother of my husband.
He could do this on the basis of 1. We had no children 2. We had a divorce 10 years back in 2007 as my husband forced me to get divorce papers made Because he wanted to have another wife for bearing children showing divorce papers. But he could not make any children born out of his lust from many women he started living with them without marying any of them. After considering my objections he once again acted upon and got registered our same Marriage in Chandigarh court in 2010 that originally happened in 1982
Chronology of the facts are:-
You married your husband on 1982.
He divorced you in 2007 (Whatever reason is).
He got registered his marriage with you in 2010.
He died 3 years ago i.e. 2017.
His father got vasiyat in his favour.
His father transfer the property to his grandson from another son.
If, such vasiyat is not register then you can file a suit for declaration such will as null and void and as well as declare such transfer as null and void.
If, such vasiyat is register then you can also file the same case but it may not be fruitful.
You can contact me for further information by using the guidelines of LawRato.
You married your husband on 1982.
He divorced you in 2007 (Whatever reason is).
He got registered his marriage with you in 2010.
He died 3 years ago i.e. 2017.
His father got vasiyat in his favour.
His father transfer the property to his grandson from another son.
If, such vasiyat is not register then you can file a suit for declaration such will as null and void and as well as declare such transfer as null and void.
If, such vasiyat is register then you can also file the same case but it may not be fruitful.
You can contact me for further information by using the guidelines of LawRato.
Helpful?
Adv. Vasu Syal
Moga | 25+ Answers
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respected madam,
according to law, you have a legal right to get share in in-laws property. kindly collect the documents all as stated in your question. you can also get stay upon the said property. you will win this case definitely.
according to law, you have a legal right to get share in in-laws property. kindly collect the documents all as stated in your question. you can also get stay upon the said property. you will win this case definitely.
Helpful?
Adv. Charanjit Sidana
Faridkot | 100+ Answers
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Seeing that you're marriage has been registered, you have proof of marriage. If your husband died intestate ( without a will ), the property is to be divided between you, and his mother i.e. class 1 heirs ( as per section 8 of Hindu Succession Act ). There is a need of examination of documents to check their validity, before giving further advice.
Helpful?
Adv. Shashwat Jindal
Ludhiana | 25+ Answers
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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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