Only to the extent of her husband if any share of his
Can daughter in law without any children can be legal heir of mother in law's property
The document was in the name of mother and son.then son has got married in 1986 and he died in 6 months without any children and then his wife asking mother in law about her share in property.and then mother in law got release deed by giving money for her share and then in 2024 mother in law died and 8 month before the death she made an unregistered will in favour of her husband's brother son for taking care of him and then her husband brother's son went to the court for the probate of the will and the same time after appearing to the court and said her objection and at the same day she created sale deed by saying I'm the legal heir and registered a document to third party. My question is who will be the legal heir and whom do property belongs to
Asked 7 months ago in Property Law
Religion: Hindu
9 Answers
If the will is not believed by court whom do the property rights go
Asked 7 months ago
- Document is in the name of mother and son/deceased husband.
- Mother is entitled to half share and daughter in law of other half.
- After death of mother/MIL her share will pass on to daughter in law.
- If will executed by MIL is proved, legatee will be entitled to only half share.
- If will is not proved, daughter in law will also get half share of MIL including her half share.
You have to file suit to set aside registered sale deed in favour of third party .seek injunction restraining sale by purchaser
2) seek declaration that as per will bother son is beneficiary and property devolves n him
3) since daughter in law has filed objection testamenary petition would be converted into suit
4) both suits would be clubbed together
Mother in law has not died intestate
Daughter in law has executed release deed relinquishing her share in property
it is necessary to peruse said deed to advice
- Since, the said property is in joint names of mother and son , then after the demise of mother intestate her share in the property would be devolved upon all her legal heirs equally i.e. her husband and children including the said son as well.
- Further, after the demise of son , his half share in the said property will go to his wife and children in the absence of his mother.
- Further, if the said release deed is registered then the wife of her son cannot get any share in the property.
- Further, as the mother become the single owner of the property after the said release deed , then she was having her right to write a Will in favor of her husbands brothers son.
- Further, the registration of a Will is not mandatory , if it was written in the presence of two witnesses.
- Hence, the said husbands brothers son can probate the Will in his name and the consent or NOC of the her is not needed as she has already released her share .
From your contents it can be observed that the daughter in law had relinquished her rights in the property in lieu of the consideration/compensation in the form of money. Subsequent to the relinquishment of her rights in the property by the daughter in law, the entire property devolves on the mother in law. The mother in law is reported to have transferred the property by a testamentary disposition in favor of son of brother of her deceased husband by creating a Will. Even though the Will was an unregistered instrument, there was no necessity for the legatee to get a probate to the Will. However since he had approached court for grant of probate, the daughter in law would be respondent, hence she had filed her objections. However it is not understood that how the daughter inn law had sold the entire property especially when she had already relinquished her rights in the proeprty, and it appears to be a fraudulent sale if my guess is correct.
Any further opinion depends after close scrutiny of the property related papers.
If you suspect the Will is not a genuine and it has been created or a fabricated document and if the court dismisses the probate petition, then the property will certainly devolve on the daughter in law in the capacity of the legal heir of her deceased husband who was the legal heir of his deceased mother.
Sir/Madam,
This is not clear from the query as to whether relinquishment was done by the daughter in law in regard to her share of property and whether it is registered/notorised/acted upon or not. If the answer to this question is YES, then she can't claim further as a legal heir.
