Legal Question in Real Estate Law in India

My Parents passed away without writing a will. I have been living in the flat since we bought 20 years back.We are two brother & one sister married. My brother expired . My bhabhi ( widow ) stayed with us for 06 years & does not stay with us any more as she has a job in other city. My brother ( expired ) & Bhabhi ( widow ) had no children. I have one child -son.

My first question is , can our bhabhi write a will for her share. Her brother are down to earth & had committed crimes & also spent days in jail.

My second question , as we are occupying the house for the last twenty years and had no other residential property , can we be forced to vacat the house under any circumstances in case our bhabhi put the case in the court or we had to pay her some rent for using her portion.

My sister is supporting my family.


Asked on 10/09/09, 12:52 pm

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

as your parents have passed away without writing a will and you also have a widowed bhabi, your bhabhi would be entitled to the share of her husband in case the property is divided by metes and bounds. your bhabhi cannot write a will of her undivided share and she can only write a will once the property is partitioned and she has got her share of the property. in case she puts a case, the same would be for partition of the property and mesne profits in the form of rent of her portion. still you have a defence.

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Answered on 10/09/09, 1:19 pm


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