Legal Question in Real Estate Law in India

My windowed sister thorough her will has given me a house and in her will she has categorically mentioned that my wife will have no right to the house. The said house was bought by my sister with her own earnings. Will this be considered an inherited property or a gifted property? and will my wife have any claims on it.


Asked on 8/21/13, 2:55 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.08.2013

Dear Sir / Madam,

Since the evil full moon Bhadrakali Nakshatra was prevalent for most part of yesterday ... Raksha Bandhan is celebrated all over India today ... a day where the sister professes her unending love for her brother ...

No. The property that your sister has willed to you is neither an inherited property nor a gifted property. It is not an inherited property because it has not transpired from your grandparents to your parents and to you; and it is not a gifted property because your sister has not relinquished her rights on her property, by gifting it to you.

Yes. Your wife has an inherent right to each and every piece of property (immoveable and moveable) that stands in your name.

Regards,

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Answered on 8/21/13, 8:00 am


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