• Remarried widow's / adopted daughter's right on 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
Asked 10 months ago in Civil Law from Chennai, Tamil Nadu
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. 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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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? 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
Reply has already been provided to you with appropriate advice.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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