Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ganga Singh   15 November 2022

Right of widow (nochild)

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.



Learning

 2 Replies

R.K Nanda (Advocate)     16 November 2022

query too long to reply.be brief.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 November 2022

According to India laws, a person who is determined to succeed to the estate of an ancestor who has died without making a will or mentioning a legal heir. Therefore a legal heir is an individual who takes the place of the property of his/her ancestor, either by law or by a will.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register