Mr.A made a registered will in favour of mrs B of first floor of his flat,leaving behind G and S fr.for his legal heirs.
Mr.A died but his legal heirs chLLawaw of willallenged the will and matter reached up to H Court,dispute was between heirs of A and mrs B. They made a settlement agreement in H C after about 7 years. In the meantime mrs.B,the beneficiary of will died intestate , 3 years before the settlement .mrs. B left behind husband, unmarried daughter and widow of predeceased son without child.
After another 5 years husband made relinquish reg.deed in favour of his unmarried daughter making her sole owner of the property,saying that his late son was unmarried and issue less in poor widow was totally ignored and deprived of her deceased husband's share in property . widow was serving elsewhere in another state so nothing came to her notice,neither inlaws informed, everything was done very secretly .It only came to notice when husband and daughter sold the entire property to someone and bought another House, after 4 to 5 years after deed.
Police complaint was filed for fraud in deed documents.for 4 months police didn't register FIR, meantime they rectified the deed saying that it was typographical mistake and there after police closed complaint saying it is Civil matter.
1. They intentionally made fraudulent document and selling and grabbing whole amount (10 crores) corrected the deed,which has no legal standing.
2. Crime once completed is always a crime.
3. Property has been sold on basis of fraudulent document.
Will was not finalized and beneficiary died. Property never came to the beneficiary 's name . directly went to heirs.
.4. underwhat provisions of law in this case transfer will pass on to hiers,and
5. wheather all 3 husband, unmarried daughter and widow of predeceased son without child are entitle for share in property.
6.can widow claim share from share of her father in law,which he has passed on to his daughter.
7. After settlement was there any requirement to get probate or letter of administration 0r succession certificate before executing R deed.
8. Can rectification after 5 years and after Police complaint and after selling the disputed property, remove the crime committed by executors.
9. In another agriculture land owned by mrs.B, mother in law of widow , widow has been given due share by them after death of mrs.B.
10. Widow has not remarried and earning bread butter through a job of teacher inpvt.school,no support from in laws.
11. What steps widow should take to get share in flat.
12. Kindly guide and advise further course of action.
🏛️ Legal Position on Succession and Will Will and Probate Requirements
If Mr. A made a registered will in favor of Mrs. B, probate is mandatory in certain jurisdictions (like Mumbai, Chennai, Kolkata) under the Indian Succession Act, 19252. Since Mrs. B died intestate before the will was settled, the property did not legally vest in her name, and hence it would devolve upon her legal heirs.
Transfer of Property After Death Without Will In absence of a will, property devolves as per intestate succession laws: Under the Hindu Succession Act, 1956, the legal heirs include spouse, children, and mother4. The widow of a predeceased son is a Class II heir, but she may claim through her deceased husband’s share4.
👨👩👧👦 Entitlement of Heirs Who Is Entitled to Share? Husband: Class I heir. Unmarried Daughter: Class I heir. Widow of Predeceased Son: May claim her late husband's share if he was entitled to it. Her exclusion from the relinquishment deed may be challenged5. Can Widow Claim Share from Father-in-Law’s Share? Yes, if her husband was entitled to a share, she can claim through him. Her rights do not extinguish due to non-remarriage, and she remains a legal heir4.
📜 Validity of Relinquishment and Rectification Deeds Relinquishment Deed Without Consent If the widow was a legal heir and not informed or included, the deed may be challenged as fraudulent or invalid. Rectification Deed After 5 Years Rectification deeds are meant for genuine clerical errors, not to cover up fraud. If executed after sale and police complaint, it may lack legal standing8.
🚨 Fraud and Criminal Remedies Police Complaint and FIR If the FIR was not registered and the complaint was closed as a civil matter, the widow may: File a private complaint under Section 200 CrPC. Approach the Magistrate for direction to register FIR under Section 156(3) CrPC. Fraudulent Sale of Property Sale based on a fraudulent document can be challenged in civil court for cancellation of sale deed and recovery of share9.
📑 Probate, Succession Certificate, and Legal Steps Was Probate or Succession Certificate Required? Yes, especially since the will was disputed and the beneficiary died intestate. Letter of administration or succession certificate should have been obtained before executing any transfer1. Steps Widow Can Take Now File a civil suit for partition and declaration of her share. Seek injunction on further sale or transfer. Challenge the relinquishment deed and sale deed as void due to fraud and non-inclusion. File for succession certificate if not already obtained2.
🧭 Suggested Course of Action 📌 Consult a property and succession lawyer immediately.
📝 File a civil suit for declaration of rights and cancellation of fraudulent deeds.
🧾 Apply for succession certificate to establish legal heirship. 🚨 Pursue criminal remedies if fraud can be substantiated. 🧍♀️ Document all communications and evidence of exclusion and concealment.
