2nd widows right over deceased husband's property which was given to maintain her for life intrst only n she has no children

5 years ago

Shiela aged 80 yrs is the 2nd wife of late gopi. they have no issues. in 1970, gopi transfered his house n 1 acre land to shiela, as part of family arrangmnt to maintain her. there was a condition in the transfer that shiela has only life intrst in it n therefore cannot transfer it. gopi died in 1973. later shiela has full possession n enjoymnt of the property. in 2015, she sold it to Ismail for 2 crore rs. Shiva is the son of gopi n his first wife Sara. Shiva filed a suit to set aside the sale. the trial court decreed in favour of Shiva. shiela filed an appeal to high court. is the appeal maintanable? wat issues can shiela raise? wat grounds r available for Shiva?

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ROBERT D ROZARIO

Responded 5 years ago

A.Need to review the family arrangement deed, decree of the trial court. However going by your writing, any transfer of property to third party is void and invalid as per the family settlement deed. Shiela has a right to enjoy the said property during her lifetime which does not create an interest to sell the property to any third party without the consent of the legal heir of Gopi. In this situation the surviving heirs of Gopi are entitled to get equal share in the disputed property according to HSA.

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Manjula Shanmugasundaram

Responded 5 years ago

A.The documents need to read in detail. However, going by the limited information posted by you, if the deed in the year 1970 is very clear in giving only life interest to Shiela and after life of shiela to any specific person, then the chances of winning Shiela's appeal are wafer thin.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.There is need to read out documents and deeds of disputed property. Also clarify that property is ancestral or not. As per sucsession law the son of deceased father have right over property and even share in it. Kindly send documents and judgement decree of court

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T B L Murthy

Responded 5 years ago

A.See going by the facts you have stated shiela does not have law in her favour. But the court room battles are fought on subtleties of law so if you show the documents related as well as the order of the lower court, it may be possible to formulate some useful advice.

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