• Can widow of a Will testator be evicted after death by legatee

If a person makes a Will in name of third party meaning class 2 or 3 heirs as couple do not have children.In case of his death can the widow of owner be evicted by legatee just because of Will ,r keeping in view her matrimonial and human rights rights and rights of residence under domestic violence act. S[specially if Will is silent. What she does ? Is there any appropriate authority on such matter?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

1) it has to be proved that will is genuine 

 

2) you can contest the probate proceedings 

 

3) if application is made to transfer property in name of beneficiary you can object to mutation of property in their names 

 

4) contested testamentary petition take 10 years to be disposed of 

 

5) if there are suspicious circumstances surrounding will probate would not be granted 

Ajay Sethi
Advocate, Mumbai
99960 Answers
8158 Consultations

1. If the property belong to the testator was his self acquired property then he was equipped to deal with it in any manner he likes and as he has bequeathed the same in favour of a 3rd person depriving his own widow, his widow does not have any claim over the property.

2. However to enforce the Will the beneficiary requires Probate of the Will first and on its basis he can file suit for ejectment.

3. However since the widow is the wife of the testator , for the sake of humanity she should be left undisturbed during her lifetime. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

See if in the will the property is gifted and no residence right is given then in that case the property owner under will can ask her to evict the property in that case she cannot claim any right.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear client, 

She can challenge the WILL, same is executed under under influence. Otherwise wife has no options. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

See there can be future laws but on this time there is no law which gives her right over the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

I have already advised o clear terms and nothing to be added anymore. Read my reply carefully. You will get all answers.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1) if as per will property bequeathed to third party widow has no rights on the property 

 

2)legatee can file suit for eviction against widow 

 

3) widow has to challenge the will as mentioned hereinabove 

Ajay Sethi
Advocate, Mumbai
99960 Answers
8158 Consultations

 Hi,

It's necessity to know the contents of the will. If the will says that the property will be to couple in their life time, she can't never be removed from the place and also she can change the will in her life time. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Yes she can invoke Provisions of domestic voilence Act against the all the said offenders

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

  1. As per the information mentioned in the presnetnqiery, makes it clear that you have been more concerned about the right of a widow after the demise of her husband, leaving a will in which property has been transferred to someone else.
  2. As per the law of our country thenre has been number of protections provision enacted which are there to help only women irrespective of their marital status.
  3. Yes, even a widow owns a right to be there in the property beinher matrimonial house or house where she lived with her husband.
  4. This is not the way to think about evicting a widow just because of the reason of the house given to some other person.
  5. Let me find some good case laws for you, and in he mean time you should think to  approach the Hon’ble High Court seeking protection for the widow at least if not the ownership, but limited to live there peacefully till her last breath.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

The legatee or the beneficiary of the Will can  evict the widow of the testator from the property.

If at all her husband wanted to give her a share or the property itself, he could have made a mention  in the Will itself, since there is no mention about any allotment to her then she cannot claim any share in it as a right if the beneficiary is enforcing the Will.

She cannot claim any share init under any provisions of law under this situation.

 

 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

Your subsequent question may look good for discussion but there is no law unfortunately to help the widow under this situation.

 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

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