Legal Question in Wills and Trusts in India
My Aunt, Aravati (mothers sister) was the original owner of a flat in Mumbai. She willed the same flat to her sisters in unequal shares. One sister (Achla), got 50% and the other 4 got 12.5% each. The said will was also probated and the sister ( Achla) who had 50% share was occupying the said flat. The rest of the sisters were staying seperately. When the sister (Achla) who had 50% share died, she left a will which is till date not probabted. She was unmarried and thus had no children. In her will she (Achla) has mentioned that nobody else could stay in the said flat after her demise, though immediately after her death, my mother (Bimla) came to stay in this house. Does the sister (Achla) who passed away have the rights to disallow any of the other heirs to stay in the said premises?
2 Answers from Attorneys
no, she cannot disallow anyone to stay in the flat after her death.
no, each coowner has a right in the property
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