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vivek   22 October 2016

Property laws

My father died four years back. the house i am living in is on my father's name. He wrote a will in which he named the house to me. I only have the will to prove my right over the house. Now my wife wants divorce from me. Can she claim her right in my house as according to my father's will i am the sole owner of my house? She is threatening me to do that. Secondly, can i ask any of my father's brother to evacuate my house as the house is named to me. At present i have only my father's will and the lease deed is named on my father's name.

 4 Replies

G.L.N. Prasad (Retired employee.)     22 October 2016

First get the property duly mutated in public records in your name.  Get your evacuated immediately through normal means.  Once the wife is divorced, she may not claim the property, and it depends on the conditions in the divorce papers and if it is inherited, and if you have children from the divorced wife, you may have to give them a legitimate share.

Always confide your thoughts to an expert advocate.  During modern times a family phyisician and family advocate system vanished.

Ms.Usha Kapoor (CEO)     22 October 2016

By virtue of your father's will you've become defacto and dejure  owner of your  father'shouse property as it  stands in your name. Your wife can't claim any rights or share in this property. Also you get the lease deed  changed  to your name by approaching revenue officials showing the will and evict or eject your father's brother from the house property.You have become absolute owner of the houseproperty by virtue of your  father's will. If you appreciate this  answer please click the thnak you button on this forum.

1 Like

Kumar Doab (FIN)     22 October 2016

It is believed that you are Hindu!Confirm.

Your father can dispose self acquired property by a valid WILL.

The WILL is to be acted upon.

Until there is a cloud on WILL, the authority under whose jurisdiction the property falls can transfer the property in your name.

Check the procedure and submit the requisite papers to the authority.

If the WILL is not contetsed and is acted upon, you shall be owner and then can excercise all rights of an owner.


1 Like

laxmi kant joshi (instructor)     22 October 2016

If the will is written in your favour and you had mutated the property in your name then u become the sole owner of that property if you want to evacuate it from others you can evacuate them , your wife cannot get any claim or share in this property.

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