• Gifting and overwriting

My husbands  grandmother divided her property as follows:
1. 50 percent share of the built up area to younger daughter which after her demise would go to her son ( now sold off)
2. 50 remaining - 25% to my husband which the father shall bequeath with about 1000 sq yards in front of it and 25% to my father -in -law and about  5000 sq yards  of land or more to him.
3. My father in law sold off all the land to outsiders leaving no space for another entry other than from husbands land.he built a cottage in the garden to live alone from my mother in law ( which also encroaches on our land.
4.father in law gave a 500 sq yds of land to his daughter as gift. 
5. his portion of the house to his elder son and built two extra rooms in our verandah  - one is with him and one with my brother in law.
6. He wants us to vacate the premises which he handed over to us in March 2017 informally,  where our household goods are lying to give it on rent as his other two children elder son and daughter ( who do not talk to each other)
we have a certified copy of the grandmothers will which we procured from the court in 2013.
can my father in law over write this will
can we recalim the occupied portion of ours. He has now broken our lock and taken possession again as he was compelling us to shift there
Asked 1 year ago in Property Law from Ahmedabad, Gujarat
Religion: Christian

Apply for probate of grand mother wil

2) father has no share in property bequeathed to your husband by will

3) file suit for eviction of father in law

Ajay Sethi
Advocate, Mumbai
66916 Answers
4041 Consultations

5.0 on 5.0

Dear,

Your father in law has no right to do so and he is in fault. He can't over write this will.

File fir against him and file a suit for eviction against him.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello,

Yes he can overwrite the will till his lifetime, it is his self acquired property and as such he has the right to ise the same as per his will and no demand can be made by you at this juncture as a matter of right.

Regards

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

1. Apply for Probate of the Will and once you do you can get the Will executed as per its terms.

2. In that event you will get the option to claim your share or money in lieu thereof.

3. Another option is to file a suit for partition and for damages so you can be compensated for the loss of share you were entiled to as per the direction of the Will.

4. if the Will is not probated or proved valid then also your husband will be entitled to equal share along with his siblings and father in respect of the property left by his mother.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

Show WILL.

Yogendra Singh Rajawat
Advocate, Jaipur
13207 Answers
17 Consultations

4.6 on 5.0

1. File for the probate of the will.

2. the court on proper execution of will shall grant our share through probate and the court decree shall be binding.

3. file for eviction of father in law has he has no right over the property,

Also there is alternate when they are not following will straight away file for partition (act as you are not aware of will as no probate or arrangement to will has been done) of your mothers property all children and husband will get equal share in the property.

Also take restraining order from court so no property is transferred and sold to other person.

Shubham Jhajharia
Advocate, Ahmedabad
19309 Answers
75 Consultations

5.0 on 5.0

Your father in law cannot make any alteration in the will written by his deceased mother.

Any such act can be considered as illegal and a crime in criminal law.

If your FIL has encroached the share of your husband's property, he may first try to get the will probated and then apply for partition of property as per the bequest made in the Will and for separate possession.

Do not vacate the house where you are currently residing and you may also get an interim injunction on this restraining your father in law from forcibly dispossessing you from the property till the disposal of the main suit for partition.

T Kalaiselvan
Advocate, Vellore
56681 Answers
701 Consultations

5.0 on 5.0

You mentioned that you procured the WILL in 2013 from the Court. May i ask, what were those proceedings in which the WILL was produced. Next thing, i need to review the entire WILL, so as to determine exact nature of bequest, if it is limited bequest, bequest with life interest, or it was an absolute bequest. Unless WILL is reviewed, it will not be possible to answer your query aptly.

Next thing, with regards to forceful taking away of possession, it is criminal act, and no one can take forceable possession without following the due process of law i.e. through civil court. in this event, you can file a summary suit for restoration of possession u/s 6 of Specific Relief Act (if possession is taken not more then 6 month back) otherwise a regular suit for possession. If you beleive under the WILL this property is bequeathed under the WILL to your husband, then you can in addition claim for declaration of ownership too.

Case like this requires detail conference and perusal of relevant document, without which any advice would be mere hypothetical. So for a proper guidance in this regards, please contact a local attorney or contact me with your papers. I practice in Gujarat HIgh Court.

Should you have any question, then do not hesitate to contact.

Vivek N Mapara

Vivek Mapara
Advocate, Ahmedabad
28 Answers
3 Consultations

5.0 on 5.0

Hello,

Your fathervin law cannot modify the will done by your grandmother .

Regards.

Swarupananda Neogi
Advocate, Kolkata
1057 Answers
2 Consultations

4.8 on 5.0

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