Legal Question in Civil Rights Law in India

A couple has no children..SO THE HUS had bequeathed a will for his house property which he bought in 1955 in favor of a church in 1970. he died in 1978. in the will he has vested enjoyment right of her wife till her death but not mentioned any condition so that she should not sell or make

encumbered the said property..

the widowed wife who has enjoyment right over her husband's property for her last days medical and living expense after 18 yrs of her husbands death and 18 yrs of her enjoyment of the property

she gave the property to her her niece by way of bequeathing another will in 1997 a nd she died. now the niece sold the the property .and i bought it in 1998. i have been enjoying for the past 13 yrs.

now the church claims the property is their right..

if there any verdict of supreme court in favor similar tothis for a widowed wife can sell or

make encumber the property which is her only means of life in her last days.

plz ref.

[email protected]

chennai-tamilnadu


Asked on 8/21/11, 1:48 am

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Church can claim the property as the wife only had life estate in the property and nothing else. And the wife could not have will the same property to her niece.

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Answered on 8/21/11, 5:36 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

i too agree church have right

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Answered on 8/21/11, 7:30 am
Bennet Master of Law Bennet Raj Law Office

The sale in favour of your is void. You can raise limitation or technical issues alone to resist your claim.

[email protected]

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Answered on 8/21/11, 8:38 am


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