Legal Question in Civil Rights Law in India

Three brothers divide their ancestral properties through a partition deed. Of the three brothers, only the eldest is having legal heirs and the other two are issuless. Now, the third brother who is issueless, executes a deed in which he states that after his death, his wife could enjoy all his properties and income derived out of the properties and after her death the properties should go to the next legal heirs. But the widow of the third brother, instead writes a will and passes off all the properties to a foster son. Now the question is when the absolute owner has executed a deed in which he had clearly mentioned that the properties should go to the next legal heirs, the will executed by the widow is valid or not ? The foster son sold all the properties and realized the cash out of the sale proceeds. Can we challenge the will and get back the property ?


Asked on 9/29/10, 2:19 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

suit for cancellation of sale deeds and recovery may be filed.

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Answered on 10/04/10, 11:20 am


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