Legal Question in Real Estate Law in India
my father in law expired 14 yrs. back and has made a will in his son name where he states that as i am not well and death may occur at any time, i am preparing this will.At the time of his death he was paralised and prior to death 2 months back he has drafted the will. my question is that my wife who was not married at that time(who was also major)didnot come know about the drafting of this will ! recently my only brother in law expired with out writing a will of his own and we have come to know that a will has been made by my father in law and we got a copy of that recently. my doubts : in the will property places are mentioned but not the survey nos. and size of the property? is the will valid despite registered and witnessed by two? gain the will states that my wife expired 2yrs.back and the property is in my control (is that means my mother in law has not left a will of her own) Can we get a stay of my father in laws property and will we get any share in my mother in laws property?
4 Answers from Attorneys
You cant challenge this will and cant get any share in this property
You can challenge the will by contesting the same at the time of getting the probate and if you succeed if you win that proceeding.
Yes you will get a share in his property by challenging the will . As you have stated that he was paralyzed ,it'll be good ground to challenge the will of the testator . Once the will goes then your wife automatically becomes the 50% share holder of her parents.
1.first of all the ques is the brother in law which died has a family or not .if not than ur wife is the only legal heir left for property of your father in law as well as mother in law .
2.on the ground of health it can be challenged though but u have to prove that the condition of his health was that bad that he can not cm to a gud decision or ws influenced
3.yes your mother in law left the property without will and under control of his husband.
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