Munmun Kaur
Published On: January 29, 2022 at 17:40 IST
Recently, the Dindoshi Civil Court granted a Widow and her Minor Son a 50% share in the her mother-in-law’s flat in Goregaon who passed away Intestate. Apparently, her brother-in-law did not recognize her right over the Property which eventually made her approach the Court.
The facts of the Case are that Petitioner Dipti Verma’s husband died in 2016 aged 42. The Property in question was originally in the name of Petitioner’s father-in-law and after his death in 1999 was transferred in the name of her mother-in-law. The mother-in-law passed away in 2008 without making a Will.
Advocate Anil D’Souza, appearing for Petitioner submitted after the mother-in-law’s death, the flat would belong to her two sons. However, as Dipti’s brother-in-law was not allowing the same, she had to move Court. He further added that the Court in its Order had stated that the Plaintiff and her son were to have 50 percent share jointly, while the Defendant (brother-in-law) would have the rest. The Court had Ordered partition of the said flat to be effected through the appointment of Court Commissioner and in case the same cannot be affected by metes and bounds, it should be disposed of by sale of the Property.
Advocate D’Souza also said “The common misconception is that a Will should be made only in your sunset years or when you’re bed-ridden, or on your deathbed. But this thought has to change. We need to understand that there is no age bar for making a Will and even young working professionals can keep the same ready.”
The Dindoshi Court thus ruled in favour of the Petitioner. This Case has yet again stressed the need to make Wills during the lifetime of Property Owners to avoid unwanted Succession Disputes.