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Yashpal Singh (-)     07 September 2014

Transfer of mother Rights after son Demise

Mr. A (Demise) has two types of properties : -

1. First one is father's self acquired Property through his father's Will.

His father wrote two separate Wills for his two separate properties for his two son, wrote nothing for his wife (Mr. A Mother) in his both Wills in 1999. He expired in 2001

2. Second one is his own self acquired Industrial Plot & established his own factory.

After the Death of Mr. A in 2008, his brother make agreement that he was happy with his father's property distribution through the Will executed in 1999 and never claim this Will by his any disagreements.

The demise left behind a wife, four married sisters & 80 year old widow mother. He had no son and also he did not executed his father's registered Will to his next successor. 

Now, in 2014 the Authority is going to transfer the lease dead in favor of Legal Heirs of demise Mr. A by an application made in 2008 by his wife. There is a also a partnership deed between his wife & four sisters submitted to the authority. 

Can Mother of demise Mr. A claim her rights in the Second Property of his son, except the First Property with her son from her husband..?

She moved an application to authority in 2013 on the ground that her money was also invested in the factory establishment without any certain proofs.

The First Property of demise will be spoiled after her 100 years by her own legal heirs.

How it could be avoided?

Second Scene

Demise Mr A has four married sisters and younger brother.

A government servicing unmarried 45 years Sister of Mr. A has filed Partition Shoot in 2013 making all other relatives as respondent with Stay Application including both properties; claiming her father's registered Will - whereas she has witnessed her brother's agreement in 2008 for not to claim that Will with know to the fact that she herself was being debarred from her father's Will in 1999.

She also make Government Authority as one of the Respondent in context to transfer the lease deed in favor of legal heirs.  

The Stay application was rejected by the court, without any certain orders to the Government Authority in context of the transfer of the lease deed.


Now, Can the Authority is independent to transfer the Lease Deed to the five partners of the Industry on the application made in 2008; the objectionable application was made by brother of demise after five years in 2013; when the Authority has nothing from the Civil Court...?


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