Legal Question in Wills and Trusts in India

My Father in Law (FIL) died without a will. He was survived by 2 sons and 1 daughter. My husband is the youngest son and sister in law (SIL) is eldest. My husband's elder brother ( BIL) lives with in laws .My SIL has a son and daughter, BIL has a daughter. My husband and I are settled abroad and have a son. I am married for over 10 yrs and have had lots of problems with my in laws. They have time and again tried to ruin my happiness and made us penniless many times by interference. Now when my FIL passed my SIL, BIL and MIL took advantage.My FIL had 2 independent houses and a commercial property and a farm along with cash deposits and gold and silver.When we went to India for my FIL's ceremony my SIL and BIL convinced my husband to sign over all documents so he has nil power in case of property sale and money.Long story short it didn't pan out as my husband cudnt get a pan card during his stay there. Now my BIL, SIL and MIL are pestering him to send it asap for sale of property. My husband is na�ve and might go ahead. Is there any way I can put a stop to this . I want to put a legal stop to all this cheaters.BIL is the biggest cheat . He has convinced my hubby that the residential property is worth merely in lacs whereas its worth crores in todays market. same for commercial property. Can I put a stop claiming that I have a say becoz of son.My son is a minor and can I claim I have a legal say in all these transactions.My husband doesn't know what documents he signed. Can I file a case saying he was kept in dark about all the legal documents.


Asked on 10/02/14, 7:54 pm

1 Answer from Attorneys

You can file the property is ancestral one but the chances are poor.It depends upon the type documents your husband signed.one cannot take the stand as he was kept in dark got his his signs on documents.This plea is useless in your case as he stays abroad must be knowing basic legal value of documents.

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Answered on 10/02/14, 9:30 pm


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