• Property dispute

We were two brothers.  My elder brother has died few years ago.  My elder brother's wife and children are not having any relations with my father mother who are with me. My mother's property is in her possession since it was purchased for more than fifteen years.  My mother does not want to give that property to her or her children and wants to sell it off.  Since she will not like to part with that property and vacate the same kindly advise the right course for disposing off the property.
Asked 2 months ago in Property Law from Faridabad, Haryana
Religion: Hindu
Well, the daughter in law or the grand children have no right of sahre in the proeprty belonging to your mother.
So your mother is the absolute owner of the said house and she can file a suit for eviction f her daughter in law.
Such suits though takes time but would surely see that the daughter in law is evicted of the house.
So meet a lawyer and get such suit filed.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Will is of no consequence in this scenario.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1) mother should file suit for eviction against her DIL 

2) DIL has no rights on property standing in Mother in law name 

3) mother can execute will in your favour for the property 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Will shoukd be in your  favour attested by 2 witnesses 

Will should  be registeted 
 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Your mother being the owner of the property has to file a suit for recovery of possession in the civil court to evict her daughter-in-law. She is free to make a will during her lifetime, in which event the property will devolve according to the will after her lifetime. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
The property that is in your mother's name shall be her own and absolute property. 

She need not take consent or NOC from anyone to sell the property.

She is having marketable title to the property hence it is she who has to decide about not giving a share in the property to your deceased brother's wife or his children.

They cannot claim any share in her property as a right.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Making a will in this regard will be beneficial in whose favour will is made?

If your mother wants to bequeath the property by a testamentary disposition i.e., a Will, she can very well do it in favor of any beneficiary of her own choice.
Nobody can interfere in her decision nor anyone has any right in her property to object to her will. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0