Property belonged to my grand mother in law Property belonged to my grand mother in law

1 month ago

The property belonged to my grand mother in law, she has prepared a will stating the property belongs to my mother in law after her death. On her death the other sons have claimed ownership on the property. They have challenged the grandmother in laws Will. My mother in law was staying with the grand mother in law in the same property for more than 45 years and have been paying all maintenance of the same. Now we want to sublet a part of the property so it can help her in her maintenance. Can we do that?

Anik

Responded 4 weeks ago

View All Answers
A.Dear Client,

While the validity of a will made by your grandmother-in-law is being challenged by other claimants of the property, your mother-in-law cannot be considered the owner of the property until the civil suit is finally disposed of by the court, upholding the validity of the will that confers title or ownership to her. Consequently, without clear title or ownership of the property, your mother-in-law cannot create a tenancy on the property or sub-let a part of it to others.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

View All Answers
A.Dear Client,
When the validity of a WILL made by your grandmother-in-law is being challenged by other claimants of the property, until and unless the said civil suit is finally disposed of by the Court upholding the validity of the will that confers the title or ownership of the property to your mother-in-law, she cannot be considered as the owner of the property. Accordingly, in the absence of title or ownership of the property, your mother-in-law cannot create a tenancy on the same property or sub-let a part of the property to others.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconProperty dispute
Dear Sir, You have to immediately approach Civil Court since your entire plot was encroached by third person and seek a direction to remove barbed wire fence and allow you to use traditional road.
question iconfather sold my share of ancestral property
Dear Sir, If you are fourth generation person then you can claim your property. Further you should have claimed such share within three years from the date of attaining the age of 18 years. You may se...
question iconGujarat 7-12 Document Name Change Possible Old Name to New Name
Dear Client, To resolve the issue related to the correction of the name of your father that appears in different documents differently, you need to pursue the following steps. 1) An affidavit is a le...
question iconproperty issue
Dear Client, Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten yo...
question iconProperty
Dear Client, No other individual can sell your property without authentic documentation and consent. make sure you have had the right registered documents of the land and understand how the owner cou...