Legal Question in Real Estate Law in India
I am S.K.S.Raju from chennai,required LEGAL OPENION from you about my father-in-law's(FIL)(Rtd. MDO in AP) HOUSE PROPERTY WILL (REGISTRED) made on my mother-in-law and brother-in-law(village officer in AP).
As per my FIL-WILL,after his demise the above said property can be enjoyed by my mother-in-law,but she does not possess any right to sell or mortgage the property.After my mother-in-laws demise,my brother-in-law can enjoy the selling rights of that property.
since my brother-in-law is not taking care of my mother-in-law,she does not want my brother-in-law to enjoy the fruits from that property and having two married daughters and a major grandson(1st daughter's).she wants to sue her son who is not taking care of her. kindly we request your suggestions to proceed further.
THANKING YOU,
3 Answers from Attorneys
Daughters can challenge the will of the father on various grounds and mother should support the daughters in there endeavour. If the will goes then all the legal heirs of the father are equal share holder of the property .
in this case, no one can challenge the will and the property has to go to brother in law as per will, after the demise of mother in law. mother in law has an option to file a complaint u/s 125 for maintenance from her son. apart from that, she does not hold any right in the property except staying in the property her life time.
MR.Rajiv Gupta is right maintenace is the option and will can not be challenged
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