Legal Question in Wills and Trusts in India

Hello,

New on this site not sure of area of law.

My Mother In law has a flat in Mumbai.MYhusband has one younger brother. When my Father in laws passed away he verbally told my Husband to give a pen and paper i want to give this property. My Husband denied saying nothing will happen to you will talk later.My Husband is out of country residing in USA for 40 plus years. Younger Brother joined USA almost 27 years ago.

My Husband being oldest one always took care of two sisters wedding expense including Gold and also ours. My Mother In law lives with his youger Brother most of the time. Now she is getting old and he visited India and made a will and send us a copy.

First of all will is in English she does not know the langauage.

Second it's not signed by her or witnesse.

Third she made her executor.

Fourth assigned 75% to himself and 25 % to my Husband (claiming repair and maintenance expense not given by us)

Made my Husband sign on the separate paper saying he can not force him to sell and ask for Money.

Knowing my brother in law we will never see anything on this property.

What action should we take.


Asked on 8/18/14, 10:12 am

1 Answer from Attorneys
Bhagwat Patil

1)The language makes no difference as it mentioned in will always that somebody read it and undersigned understood the matter. 2) If it is not signed by her it null and void not enforceable by law. 3,4,5)Not applicable. Useless. Last one enter your husband name in ROR of property and safeguard your right.

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Answered on 8/19/14, 9:23 pm


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