1) it is necessary to peruse the will to advise

2) it appears that the mother had only life interest in property

3) only on her demise property would devolve on 3 sons

4) daughters have no share in property

5) I presume aunty you are referring to is deceased son wife

6) she would inherit her husband share in property as per her father in law will

7) if as per will property would devolve on sons only on mother demise aunty cannot transfer her share to uncle by gift deed

8) no consideration should be mentioned in the gift deed as aunty is not receiving any money from uncle

1) don't agree to any such gift deed to be executed by aunty and her daughter

2) aunty has no share in property during her mother in law lifetime

3) you aunty is not concerned whether sister comes to stay in said house or not

4) uncle is at Liberty to bequeath his share to whomsoever he pleases on mother demise

My uncle's brother want to write document saying my aunty is giving as gift.?

She can execute a registered gift deed long with her daughter jointly in favor of the brother of your uncle.

Again he told he will write saying my aunty took money and gave off the share.?

Then that cannot be a gift deed it can be a relinquishment deed.

My aunty's mother in law is still alive is it possible to take the shares now coz in the will its mentioned that till my uncle's mother is alive she cant sell or mortgage the house property.?

There is no legal infirmity in relinquishing her share in the property even during the lifetime of the lifetime beneficiary of the will.

What rights the sons have now.?

He has his own rights restricted to his share.

Without the concern of other brother can my aunty give to her husband's brother?

There is nothing wrong in giving away her legitimate share to the other shareholder, she need not take consent of any other person for doing this.

The daughters wrote they dont have share and they dont have right but now they are telling they want.?

If there is testamentary disposition for the disposal of the property, the daughters who are not beneficiaries in the will cannot stake claim for a share in the property at this stage. It is not maintainable in law.

My uncle's brother's want to make document by making partying my aunty and her daughter is this valid.?

Yes, if both are willing to execute a registered relinquishment deed with regard to their undivided share i the property in his favor, there is no legal infirmity in it.

What are my aunty's right as still her mother in law is alive.?

Her rights have been defined she can inherit the share of property that has been allotted to her deceased husband as his share in the bequest made in the will, as his legal heir.

My uncle's brother is telling after my aunty giving only her share his sister can come and say is it valid reason?

It is a question about the situation prevailing at that place, this has no answer from legal point of view.

As the property is still on my aunty's mother in name how will she get her share.

Your aunt is the legal heir of her deceased husband along with her daughter.

Therefore the undivided share that has been bequeathed to her deceased husband in the will shall be inherited by your aunt and her daughter. The can transfer their share to him by executing a registered relinquishment deed in his favor.

And he wants to mention my aunty's daughter name and make her as party in the property. Is it correct.

He is absolutely right.

In the will its written that my aunty's mother in law has the right. And my aunty's brother in law is telling after writing only his sister can come and stay what is this litigation. Coz he said he will write his share on his sister name.

Your aunt's mother in law has life time benefit in the property, whereas your aunt has right over the share of her deceased husband in the bequest made in the will which shall be alienable only after the demise of the lifetime beneficiary.

But since this transfer is within the family members that too to a co-sharer and in the form of undivided share, the same is valid in law.

If your uncle's sister is putting certain condition to come into the house, it may be because due to some family discord or dispute for which there is no anser in law.

But is it valid. In the will its written after dimise of his wife property will be given to the three sons and one aon is not there since he is staying far. We are not in contact also. Withouth his absence how it is valid. Mother in law what about her she dint die nor transferred

It i the desire of the testator that how his property should be disposed or inherited by the beneficiaries hence he has made the bequest that way. There is nothing wrong in it and it is very much valid in the eyes of law.