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Gita J (Owner)     20 August 2013

Giving away partitioned property in will

Hello all learned lawyers.

We are Hindu. My Father-in-law partitioned his self acquired agricultural land near Sangli, Maharashtra and 4 residential buildings in Sangli equally amongst his 2 sons, 2 daughters by way of unregistered family settlement on Rs. 10 stamp in year 1985. Everyone got their name mutated in the land record. I am widow of eldest son. Father-in-law died in 2009. Husband died in 2010. Now my husband’s farmland is mutated jointly in name of me and my son and daughter both born before family settlement.

Now govt has acquired the farmland and our housemaid who was working at my late husband rented place where he was posted before retirement objected on land reward claiming to be second wife of my husband. She made a forged WILL of my husband showing 80% land to given to her and half of family pension.  Her husband left her after birth of a her 30 years ago  and his whereabouts are not known. She is asking for 50% of reward money for out-of-court settlement and threatening with long duration of court cases. We have asked land acquisition officer to refer the case to civil court.

Questions

1) What is the chance that court will consider her claim as valid?

2) The photocopy of WILL shown to us is printed and just bears a clearly fake sign of my husband. the 2 witnesses who signed are unknown to anyone in our family. Can we file a forgery FIR and/or case?

3) Can she file probate of WILL? Can we loadge an FIR for forgery even in this situation?

4) Even if the WILL is genuine, can my husband give away 80% of land which he got in partition from his father when father was alive? Or my son and daughter have share in it by birth?

 

5)Can we request the court to release undisputed amount in our favor if question 4 above is in our favor? We know for sure that she is threatening us just on the basis of the amount of delay the court case can cause to get the land money reward in our name. 



Learning

 6 Replies

adv.raghavan (Advocate,9444674980)     20 August 2013

for ur queries: u didnot tell us whether the lady has any son or daughter ,1,the court will take cognisance of that,   2, if u r so sure that the will is forged, u can very well file case under IPC 463,465 against that lady,  3,if she thinks her document is original she will go for probation,but she will get caught is the same is proved forged,u can protest at the time of probation that u r the true legal heirs,  4,even u assume the will is original u husband can give it anybody  because it is acquired property, 5, suppose the court is satisfied that u r true legal heirs there is no hitch for u to claim money .

kedarga (BE )     20 August 2013

Raghavan Sir, how is it possible that a person can give his father's property gifted to him to anybody since it is not his self acquired?

adv.raghavan (Advocate,9444674980)     21 August 2013

if the FIL has acquired this property thru self earning and gifted to his it is fathers self acquired property, if it is FIL ancestor property then father has no role

Samazdar Babu (Nagpuri)     23 August 2013

Recent SC judgement  in Rohit Chauhan vs Surinder Singh

Family partitioned property during lifetime of father is an ancestral property in hands of sons and daughters irrespective of it being self acquired or ancestral property of father and grandsons have share in it as soon as they are born anytime after partition .

ALSO

property inherited by sons and daughters from father by way of partition after father's death or through WILL of father, then the property is equivalent to self acquired property and the grandsons have no share in it.

 

Strange Laws :)

Samazdar Babu (Nagpuri)     23 August 2013

If the OTHER women goes to court then request the court to get full court fee on probate. max Rs 75,000 in Maharashtra. appoint a good lawyer for this WILL probate case as it is very possible to turn such cases in your favor with a learned lawyer. I have seen an old lady suffer due to hear fear of taking any action. File an FIR for forgery of WILL (assuming that you are confidant it being fake).  Be ready to shell out some money on good lawyers if you really want to win this. Assuming your award case becoming LAND REF. case, you can even ask the court to release the "undisputed" amount initially to take out most of the heat from this matter

All the best.

Gita J (Owner)     23 August 2013

Thanks for your reply Mr. Raghavan.

 

This women does have a son and his father is a person from her village whose whereabouts are untraceble.

 

The property came to my husband through family settlement when Father-in-law was alive and not after FIL's death. Will my children have their share in this property by birth? I have been told that the property through family settelment even though it is FIL self acquired property, it is ancestral property in hands of my late husband.

 

Please clarify 


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