My father in law died. left behind his wife, one son and one daughter. his daughter is my wife. son is also a major individual. he has left behind a valid will. he has given all his wealth to his wife and his son. now as and when his wife, i.e. my mother in law dies, can she execute the will for the property which she got by the way of the will from her husband. or that particular property has to be divided equally to her legal heirs.
can she sell that property. although she has more than enough income of her own and has much more property of her own
Asked 10 months ago in Property Law from Bhuj, Gujarat
1) your mother in law can execute will where she can bequeath her 50 per cent share in property ti your wife
2) in case your mother in law dies intestate it would be divided equally among her legal heirs ie your wife and her brother
3) MIL is free to sell her share in property without consent of other legal heirs
The mother -in-law can execute the WILL and get her share in her name and son's share in his name legally..
Your mother -in-law can also sell the property which she got through her husband's WILL, if she wishes.. in short she can dispose, use the property bequeathed to her as she wants.
Your mother -in-law can bequeath the property which she got though the WILL of her husband to anyone as she wishes. If she dies intestate i.e without a WILL or any other testamentary document the legal heirs will have the equal share of all her asset.such situation it will be divided between her tow children son and daughter equally
1) The mother in law can either sell or Will the property to any one of her choice including her daughter, your wife.
2) She can do so with reference to her share that was inherited by her from her by way of his Will.
3) With reference to her other properties that she owns, she has the right to either transfer, sell or make a Will of it in any one's name during her life time. If she dies without a Will all her legal heirs will inherit equally.
as she is the owner of the property then she has all rights to use, sell, transfer, gift & lease or rent our the property to anyone and nobody can restrain her to do that.
if she died intestate(without Will) then the property related to her will be divided between her legal heirs and if she execute a Will before her death then her property will be divide as per her Will.
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Advocate, New Delhi
if property was your father's in law self acquired property then your wife has no right to claim share if her mother executes any will. if that was ancestral property then your wife has right to claim her share.
if her mother dies intestate then your wife will get share in it. if property devolves through a will then beneficiary will get absolute right in it.
Your mother-in-law is at liberty to execute a will in respect of her share, whereas if she dies intestate her property will devolve through succession equally on both her children. She is under no compulsion of law to divide the property equally among her children, she has the right to discriminate. She is also free to sell her share.
Every individual has full and absolute rights in their own and self acquired properties.
Your mother in law can very well bequeath her self acquired, inherited properties to anyone of her choice, nobody can question her testamentary disposition.
Her decision to dispose her properties during her lifetime is also her own choice in which nobody can interfere or restrict her.