Prabhakar Reddy 15 June 2020

Rights on will

3 Replies

G.L.N. Prasad (Retired employee.) 16 June 2020

The following post appeared 7 days ago with 18 replies: The post is in your mother's name and from the post as the post started with "My father" the presumption is that you have posted.

My father INHERITED a property from my grandfather through a registered will. My grandfather INHERITED the same from his father. Totally the property measured 10000 sq feet. In this when my father was alive, he sold 6000 sq feet My father has 3 wives, First wife having 3 children Second wife having 3 children Third wife having 2 children Even though my mother was alive he married 2 other wives without my mother’s knowledge. Finally, before his death, he executed 3 gift deeds in second wife 3 children names. 1000 sq each to all three. And a final will with 2000 sq ft in first wife’s name. My questions: Now the third wife and her children are approaching my mother the first wife, for want of share in the given said property by my father through a registered will. Will the third wife children have right to ask share in the property acquired by my mother through a registered will? If they approach the court will they get share accordingly? My father is the sole owner of the property right he can give the same to any one he wishes. As a first wife what all are of my mother and how can she save the said property? Can my mother execute the acquired property through will to her 3 children’s? Currently my mother is enjoying the property paying taxes, Katha and electricity and water bills. "

I agree that litigation involves lot of anxiety, worry and complicate the life. But understand the practicability, when the matter is in court, there can never be a better guide than an advocate that has taken up the issue and well versed with facts.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 16 June 2020

Originally posted by : Prabhakar Reddy

My mother acquired a property of 2000 SQ FEET from my father, it is a registered will.

This property was acquired by my father from his father and this is not an ancestral property.

This 2000 sq feet is a house, the katha,current bill and all tax paid receipts are in my mothers name.

My father has 3 wives and my mother philomina is the first wife.

The original property acquired by my father is of 10000 sq feet and in that he sold 6000 sq feet.

he gifted 2000 through gift deed to his second wife childrens

And the remaining 2000 sq feet to my mother the first wife.

Here the second and third wife and their children have filed suit in the court for partition at the same time the third wife and her children have acquired a small portion in my mothers house and are staying in the house.

My questions:

As 6000 sq feet is already sold by my father when he was alive-will this get any ways effected by the filed partition suit by the second and third wife and their children?... Although much discussions had been made in this forum on the basis of your mother Philomina as well as on your queries,to which I had given my replies too and thereafter at your phonecall also I had given you suitable solution in that regard free of cost,even thereafter you had posted query herein.It's really agitating that you in different names are presenting the same facts again and again even after getting replies from the Experts herein.

How will this partition suit effect on the property which my mother has received through will ? ....Until and unless that Partition Suit is disposed of along with the findings that it is the self acquired property of your father and that's why he can make gift, Will etc in favour of anybody else and therefore,his children can't dispute the same claiming partition thereon.Only thereafter your mother can apply for Probate before the Court of Law.

Is my mother the sole owner of the property received through will?....Until and unless the Will in favour of your mother is probated,your mother can't be considered as Owner of that 2000 sq.ft.

How to vacate the third wife who is staying in the house(2000 sq feet in first wife name).... ....Until and unless that Partition Suit is disposed of along with the findings that it is the self acquired property of your father and that's why he can make gift, Will etc in favour of anybody else and therefore,his children can't dispute the same claiming partition thereon as well as after grant of Probate in favour of your mother,i.e.,after the final decisions of the Court of Law regarding the Ownership of the property,those legal owners can be entitled to take legal action against the third wife considering her as trespasser .