Property division
SMehta
(Querist) 07 December 2013
This query is : Resolved
Hi
My Uncle died 2 years back without any will for his huge farming lands.
My remaining 4 uncles implemented a fake will n produced it court. It says all the lands of my deceased uncle will go to his 4 living brothers.
Unfortunately, my deceased uncle's wife(whom he married 14months before his death) also filled a case in court to claim entire property of my deceased uncle. She even sold the entire land to a gunda type man at throw-away prices and run away.
My living uncles filed a case on this as well along with that fake will case.
The court has now given a verdict in favour of my living uncles' favour and validate that will.
My deceased uncle's wife (along with that man who bought land from her) has now done a out-of-court settlement with my living uncles to share 50% property rather than fighting case in higher court in fear of fighting battle for years.
I'm no where consulted in this affair and haven't given any share just because my father died 2 decades back.
Can I file a case in this regard to claim my share?
Dr J C Vashista
(Expert) 07 December 2013
Of course you have a share through your deceased father and claim it, although he was not a party to compromise.
prabhakar singh
(Expert) 07 December 2013
Why did you maintain silence in earlier cases.Any way since you were not party judgement passed in favor of your uncles is not binding on you.But if you prove your deceased uncle died intestate and his widow married 14 months before his death establishes her marriage law full then where is the question of inheritance in your favor.
If you say your uncle died instate living behind a widow then neither you nor his brothers are his heirs.
And if you say he died leaving a will,then will lays
only his brothers to be successors.
And you do not have any other will as last will to tell that you alone or along with his brothers and widow are successors.
This is so because you failed to think timely how to inherit your deceased uncle?
To me you have left the train.
Sudhir Kumar, Advocate
(Expert) 07 December 2013
Since your uncle had a wife you are out of fray it is her sweet will if she donates it to an Ashram or sells to any goonda type persons. You have no jurisdiction.
Even if the will is set aside she is the beneficiary. If the will is upheld you are not the beneficiary.
Anyway you have allowed the matter to go uncontested.
P. Venu
(Expert) 07 December 2013
Your deceased uncle have any children?
SMehta
(Querist) 07 December 2013
Is there no way to file my claim?
adv. rajeev ( rajoo )
(Expert) 07 December 2013
If ones will is declared by the court that it is valid then you will not get anything. Once again you will have to challenge the will.
P. Venu
(Expert) 07 December 2013
Your deceased uncle have any children?
Sudhir Kumar, Advocate
(Expert) 07 December 2013
agreeing with Adv Rajoo I will add that even if the will is rejected by the court still you get nothing. Even if uncle has no children he has a wife. So your uncle did not die without successor.
P. Venu
(Expert) 07 December 2013
If the uncle has no children, then provisions of Section 15(2)(b) apply, and the queriest has a prospective interest through his late father.
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
It is your uncle's self acquired property (?); your uncle reportedly died intestate (?), Your uncle married a female just 14 months before his marriage and the marriage has not been challenged by any one so far or reportedly an admitted factor (?) Your other uncles claim title to the property based on some fake document namely a created Will (?) Your uncle's wife already sold the property to some third person (?), your other four uncles have settled the issue out of court and now the property is with some third person(?). All these bracketed question mark sentences are your contents and if takne to be granted, I dont think you stand anywhere to have any claim over the property, be it a share out of your father's share. Your chances are hopeless because as per Will only four uncles are entitled otherwise also there is a class I legal heir in the name of wife of deceased person, so what is your position in the property and how do you express your rights or interests in the property?
P. Venu
(Expert) 07 December 2013
When was the will executed? Indian Succession Act (Section 69) provides that every will shall be revoked by the marriage of the maker.
SMehta
(Querist) 07 December 2013
No my deceased uncle don't have any children.
The will was produced after death of my uncle by my living uncles.
Its my grandfather's property that my uncle inherited.
It was a joint/undivided property. Now my living uncles have divided the entire property to carve out my deceased uncle's property clearly to claim it. But still registry/transfer of my deceased uncle's land in their(my living uncles) respective names is pending as far as I know from some sources.
I thought that my living uncles will divide the property equally among all brothers including me on behalf of my deceased father if they win the case so I was keeping quite & never even asked them whats going on when they were fighting with my deceased uncle's wife legally. I never even tried to check that what is there in that will that they have submitted in court. I thought my name/father's name would be there also but it was not.
Now court has given a judgement that the will should be considered valid. After this, my deceased uncle's wife (including those gunda type people who have bought that land from my deceased uncle's wife) made a out-of-court settlement to share 50-50% rather than taking case in higher court. So now my deceased uncle's wife has allowed my living uncles to take over the 50% land in name of that will.
Can't I sue my deceased uncle's wife for selling a joint property without permission and also my living uncles for taking over 50% land of my deceased uncle without paying me anything just bcoz my father died two decades back?
Dr J C Vashista
(Expert) 08 December 2013
1. Can you prove that the will was produced after death of your uncle by other living uncles ? If yes, proceed for declaration of will as null and void.
2. Engage a local lawyer to take on the case in a professional manner.
ajay sethi
(Expert) 08 December 2013
agree with experts
Sudhir Kumar, Advocate
(Expert) 08 December 2013
you have earlier hidden the fact revealed now
"Its my grandfather's property that my uncle inherited."
So you wasted time of the forum and yourself got incompetence advise based on the incomplete facts.
You still come out with any more vital facts which are not disclosed.
prabhakar singh
(Expert) 08 December 2013
Even if it was originally your grand fathers property it devolved upon his all sons including your father and you got in it through your branch share.Hence i maintained my answer intact as the dispute as of now is what your deceased uncle inherited as his share left behind with a widow.hence either her widow or your those uncles who propounded a will from your deceased uncle,which court has believed and passed a decree on the basis of will are the owners.
Had there been no will property would have gone to deceased's widow and not to you or your uncles.
Surrender K Singal
(Expert) 10 December 2013
Limitation of 12 years has to be kept in mind after death of grand father to claim your right
SMehta
(Querist) 10 December 2013
My living uncles have called my mom one week back to sign some documents in Tehsil office in name of dividing entire property.
I visited the local court to get exact figures and facts.
I found that my living uncles has befooled my mom to sign the Settlement Agreement dat they've made with my deceased uncle's wife/gunda type man who bought land to give NOC from my mom to the buyer dat she accept this settlement and will.
Its very shocking.
I met the buyer(gunda type man) then and he also confirmed that my mom has signed the settlement agreement and even he was surprised as why she is not demanding her share in that property/challenging the agreement but he kept quite for his own sake.
Its clear cheating. Isn't it? Anything can be done?
SMehta
(Querist) 10 December 2013
Also I found that our land is undivided/ joint yet and my uncles are selling front portion as per their wish without informing us.
I have been told that I can request a TAKKSEM in tehsil office but warned that my living uncles can bribe Tehsildar to give them front portion of land in division only.
what can be done?
Dr J C Vashista
(Expert) 11 December 2013
Engage a local lawyer and stop this thread.
