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 will stated that Achla could stay in the said flat and nobody could force her to sell her share till she wanted. 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. My Mother Bimla had not been staying before the death of Achla in that house. Does the sister (Achla) who passed away have the rights to disallow any of the other heirs to stay in the said premises? Now the beneficiaries of the will ( not probabted as yet) of Achla are asking my mother Bimla to vacate the premises as the will of Achla states so. Can they do so? How should my mother Bimla protect her rights?

India | 402001 | Probate, Trusts, Wills & Estates


Asked on 9/10/10, 11:15 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Bimla has an equal right to stay in the property as well as others. If others are not in possession they cannot ask Bimla to vacate. But at the same time they will have a right to seek partition and if the property as such cannot be divided then it will have to be sold.

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Answered on 9/10/10, 11:20 pm


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