Legal Question in Real Estate Law in India
My mother in law expired during 1995 and father in law expired during 1997.They had 6 children, 1 son and 5 daughters and the last daughter my wife, who was not married at that point of time. My father in law was paralyzed and bed ridden since 1994 and got treated until he died in 1997. My wife looked after him during those periods, while his only brother had gone separate in 1994 and got reunited after his mother death in 1995. My father in law has prepared a WILL and got registered stating his only son would enjoy the entire properties and earnings he earned and the four daughters who were married prior to his death would not get anything and the last daughter who is my wife now (who was also major) who got married as per hindu law and the entire expenses would be borne by his son (written in the WILL). My doubts :- 1) My wife did not come to know about the WILL until his brother died during 2009 and was shocked that her father has written a WILL on his sons name and got puzzled how she did not come to know about the WILL as she was at home and looked after her ill beded father. Now she questions tha can she challenge the WILL ?. 2) In my father in laws WILL, he had mentioned clearly that her wife death,her properties has come to his control. Is that means that my mother in law has not made a WILL as my wife does not remember that her mother made a WILL or not. Shall my wife claim her share in her mothers property? ( this question arises as my wife who approached her sister in law (brother wife) asking her to reveal the documents and WILL. She simply rejected her demand to show the documents and insisted that if all the sisters come together,she will show the documents ( which she knows will not be possible as she has done the damage by twissting in between the sisters) Now what remedy is their for this problem ?. 3)In my father in laws WILL, the properties places are mentioned and the details of the properties are not mentioned (ie., size of the properties and the survey numbers are not mentioned). Is the father in laws WILL valid even though registered and witnessed ? 4) After enquiring about the mother in laws property after the demise of my brother in law, we have come to know from the VAO of the property location that one part of properties PATTA has gone to all legal heirs name and the remaining properties PATTA has gone to my brother in laws name. After certain period (ie.,)near about 1 and half later, my brother in law has transferred the that part portion of the legal heirs PATTA to his name forgedly, which the VAO has revealed that my brother in law has forged the documents. This is true as we have seen the record books which was shown by the VAO himself. What steps can we take to get the PATTA reversed and reveal the truth to the other sisters that her brother has forged the documents without the permission of the legal heirs? (question in question) In case my mother in law has written a WILL< how one portion (ie., � of the particular property) has gone to all legal heirs name (only PATTA) ? can we come to the conclusion that my mother in law has not made a WILL ?. We have revealed the truth to the sister in law and her major son, but they just do not want any sisters to come to their house and claim the share and started neglecting all of them ? Any remedy ?
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