If the property is in-laws self acquired property then there is no share for her and adopted girl by any means. but if the property is ancestral then she may file a partition suit and claim her and her daughter's share in the property.
This for my siister -in-law my sister in law married a man in 1983 . they adopted a daughter .and brought up. my sister in law husband died in 2003. she brought up the girl on her own with out any financial /maintenance from her in law 's house after her husband 's death .from 2005, she came out of her in law ' house she made her own earning by joining in school as a teacher and giving her education to her daughter . in 2013 my sister in law re-married and all living together now in the remarried husband's house . her old inlaws(first marrige )were neither against nor welcoming this re-marriage.now old father in law made a will of his property .mentioning his other sons and daughter as his heirs for the property and he did't mention his discased son's name or daughter in law ( disceased son'wife , ie my sister in law ) or grand daughter ie adopted daughter of my sister /and her diseased husband) .this will was made and registered during 20 nov 2014 .my sister in law or her daughter has no knowledge of this will. .in 2015 my sister in'laws old father in law and mother in law died in an accident . my sister in law attended the death . only now my sister came to know about this will in which her diseased husband's name or her name or her adopted daughter name have been deliberately omitted as heirs of the property. now she and her daughter wants to have their share of property due. based on the above facts what is their status now what should be done to get their property due legally. your kind and valuable legal advice is most welcome
no question
question will be based on your reply
question will be based on your reply
If the property is in-laws self acquired property then there is no share for her and adopted girl by any means. but if the property is ancestral then she may file a partition suit and claim her and her daughter's share in the property.
1i presume it is father in law self acquired property
2) he can bequeath his self acquired property as he pleases
3) how was father in mental heath? was he suffering from dementia or any other mental illness
4) is will attested by 2 witnesses?
5) is deed of adoption executed by biological parents in favour of adopted parents?
Anyone can make a will of his self acquired property to devise the manner in which the property will devolve after his lifetime. By making a will the line of succession can be dismantled altogether or restricted. So her ex father-in-law could have bequeathed his property to anyone he desired. Your SIL has no right to claim a share in the property. The property has devolved according to the will.
1. The owner of the property has the right to bequeath his property to anybody he likes,
2. So, neither your SIL nor her son (adopted) can claim any share from the said property,
3. However, probate of the will shall have to be taken by the beneficiaries otherwise the said will shall have no validity more than a scrap paper,
4. If your SIL gets any court notice to reply in connection to the probate application, she can find loopholes in the will and contest its probate application,
5. Otherwise, she can file a partition suit claiming share of her deceased husband on her FIL's property claiming the Will to be executed under coercion.
1. If you file the partition suit, they will submit the Will claiming that you have no legal share on the property,
2. t that time you shall have to challenge the Will,
3. Engage a local lawyer having expertise in this field.
You can also collect the certified copy of the registered will to study it and find out loopholes in executing and registering the said Will to challenge it later on.
this will was made and registered during 20 nov 2014 .my sister in law or her daughter has no knowledge of this will. .in 2015 my sister in'laws old father in law and mother in law died in an accident . my sister in law attended the death . only now my sister came to know about this will in which her diseased husband's name or her name or her adopted daughter name have been deliberately omitted as heirs of the property. now she and her daughter wants to have their share of property due. based on the above facts what is their status now what should be done to get their property due legally.
If the property was his self acquired property having marketable title, the older father-in-law's action of bequeathing the property to the beneficiaries of his choice cannot be questioned in law. It was his own property hence he had full rights to bestow the same to the person(s) of his choice and desire. Now upon his death the registered will came into force. The left out sister in law and her daughter do not have a right over the property in which her deceased husband had no right. Her father in law intentionally omitted your sister in law and her daughter's names in the Will, therefore no claim can be made about this property or a share in it by her.