• How can we vacate the house

Respected Sir, My father in law have 3 brothers and 2 sisters, and his father passed away at my father in law's 15 years age. Then he is taking care of all the family. In between this on of his brother moved out from their combined family. My f-in-law bought different properties and registered in the name his mother.  In 2012 he had made a deed stating that "after his mother death all properties goes to her 3 sons(including my f-in-law also)". And my f-in-law's one of his sister residing at their house. In 2013 my f-in-law and last month his mother also passed away.
       Now, his sister is not ready vacate the house and saying that " she have a right on that particular house because that property belong to her mother". It's not at all an ancestral property.  All the properties earned by these 3 brother only.
      And she is keep on trying to change the name of house tax and make the disturbance to take the death certificate from local panchayat.
Asked 2 years ago in Property Law from Kakinada, Andhra Pradesh
if there is no will of your mother the property will be shared among her heirs equally
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Hi, you have to file suit for partition or share the property equally.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
yes sisters have equal right in property . as on date all properties are standing in name of mother on her demise each legal heir would have 1/5th share in the properties
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
if there is a will stating that on her death property would devolve on 3 sons then apply for probate of will . if sister contests the will it may take some years till you get probate
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Hi, yes sister is also equal share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
You have stated that your father-in-law purchased different properties and registered all of them in the name of his mother. If that be so, how could he have made a deed stating that after the death of his mother all the properties would vest in her 3 sons? The deed could have been made by only the owner of properties i.e your father-in-law's mother. If any deed in respect of the properties registered in your husband's grand mother's name has been made by your father-in-law then it is illegal.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Who has made the will? Has it been made by your father-in-law's mother? If will has been made by the owner i.e your father-in-law's mother of these properties then properties will vest in accordance with her will. If no will has been made then all the children of your father-in-law's mother qualify in law to get an equal share in all her properties.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
If will has not been made by your father-in-law's mother then the sisters of your father-in-law have an equal share in all the properties of their mother.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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