1. Verbal Will has NO LEGAL value, when there is a dispute. Hence nothing can be done on this front, more so when you are a Hindu. Verbal Will can be made applicable to a Muslim.

2. HOWEVER, IF your village people and other relatives, testify and submit proper affidavit before the District Magistrate, about the verbal will and the same is duly judicially recorded, THEN based on such declarations, you will be able to claim the deceased's property.

Keep Smiling .... Hemant Agarwal

Will has to be reduced in writing attested by 2 witnesses

In absence of written will uncles are not bound to recognise your husband as absolute owner of house

All legal heirs have equal share in property

The Indian Succession Act is the comprehensive legislation for the law relating to wills in India (except for the Muslim community). ... The Section also says however that a will made verbally would be null at the expiration of one month after the testator being alive has ceased to be entitled to make a privileged will

Sir based on the will the probate can be applied but the onus is completely on you to prove that there was such a will and intention further in such circumstances of dispute the oral will is not valid. The indian succession act provides will should be written and attested by the witness.

There is no verbal will and it can not Be enforced even.

Read and do the point no. 2 (above) and you will be able to get the property.

The Indian Succession Act makes it necessary under the Act to have a written Will. Oral Will has no legal sanctity. It must be signed by at least two witnesses.

Oral will cannot be implemented

Even if other relatives sign affidavit you woukd not get the property

Other legal heirs can execute gift deed or relinquishment deed for their share in property

Yes if there is enough evidence on the record to prove the will it can be accepted. Then in that case for execution and probate of will it can be filed.

1. There is nothing such as verbal will. A will is the intention of the testator reduced to writing on a piece of paper.

2. Since no will was made by your husband's grandparents during their lifetime their properties have devolved through intestate succession on all his children equally. So your husband cannot claim the property of his grandfather.

3. Your husband's father is at liberty though to transfer his share to your husband.

There is no procedure of any verbal will in India and will needs to be signed and attested by two independent witnesses. Any such will which has not been made in writing cannot be enforced in any Court of India in Hindus.

Your father in law can only give his share in the property and not his siblings to your husband has all the siblings have equal right in the property and no affidavit is going to help you in my opinion.

There is no validity of the verbal will.

you will only get that much share in the property that will be given to you as per the hindu succession act

Verbal will is no will in the eyes of law and hence any such affidavit will not serve any purpose

Hi,

Though the will is unwritten, you may claim on the basis of possession also. You father in law may also gift that property to you or to your husband.

Until and unless there is a registered document or a Will to confirm this transfer, your husband cannot claim any property as a right.

The oral confirmation by neighbors or villagers will not be accepted by court as strong evidence.

Let him talk to his uncles and try to get some share i the property by involving the same villagers in the talks.

A will which is a voluntary posthumous disposition of property needs to fulfill certain requirements so as to be deemed valid in law.

The Indian Succession Act is the comprehensive legislation for the law relating to wills in India (except for the Muslim community). ... The Section also says however that a will made verbally would be null at the expiration of one month after the testator being alive has ceased to be entitled to make a privileged will.

A will may be made orally if it is a privileged will (a will which can be made by a member of the armed forces employed in an expedition or engaged in actual warfare). Being placed in exceptional circumstances involving greater uncertainties to life members of the armed forces employed in an expedition or engaged in actual warfare are conferred with the power to make privileged wills. Hence Section 66 of the Indian Succession Act recognizes that they may make a will by word of mouth and declaring their intentions before two witnesses who are present at the same time. The Section also says however that a will made verbally would be null at the expiration of one month after the testator being alive has ceased to be entitled to make a privileged will.

The oral will reportedly made by your father in law is not maintainable due to the reasons stated above.