Declaration of right on property after second husband's death
M K Rastogi
(Querist) 21 May 2012
This query is : Resolved
Respected Experts,
Kindly go through the following case:
We have a residential plot, purchased cash by our own money before 15 years and now a complete house built up and we living in. This plot is registered in names of 3 persons (Me, My Younger Brother and My Younger Uncle).
Actually, after the death of my father, my mother got married with my younger uncle on the day of Teharanvi (13th day after death) in presence of villagers, relatives with some formalities but not in Mandap, decorations (means this wedding was socially accepted) and my younger uncle became my second father. After my father, my younger uncle (second father) was the head of the family, a best guardian and more than my real father. But unfortunately, my younger uncle (second father) also got expired by a brain brain hemorrhage after 4 years of this wedding to my mother (after this mishappening, it was toughest time of my life but God Mahadev solved every problem).
Now, after 15 years of property purchased, my elder uncle is claiming that he should be given 1/3 share from this property because the 1/3 share of his deceased younger brother should be given to him. Now, because my mother is widow of my younger uncle (second father) and she is the only legal heir of my younger uncle (second father)'s share then how can my elder uncle claim any share in this property.
Note:- My younger uncle (second father) was a bachelor before my father's death and only got married to my mother and have no children with my mother. He always lived with us, worked with us, before and after the death of my father and was an ideal guardian (more than my father).
To prove my mother, the widow of my younger uncle (second father), I have Voting Card of my mother (presenting my younger uncle as husband of my mother). Ration Card (showing my younger uncle as husband of my mother). Villagers, relatives as witness of wedding of my younger uncle and my mother on Teharanvi (13th day) of my father's death.
Now I have several queries, please do solve them as given below:
1. The 3rd part of this property which is in name of my younger uncle (second father) should be transfered in name of my mother (as she is the only legal heir after him). What is the procedure? How much time it will take. What proofs are required.
2. Should we file a suit for partition to get rid of this. Or my elder uncle is just trying to get something with a fraud. Is anything to worry?
3. and/or after the death of my mother, can he (my elder uncle) or his son claim any share in this property legally.
4. Can we sell this property presently (as my mother is legal heir of my younger uncle's share).
5. Can we sell this property to any other family member (e.g. my wife, my brother's wife etc.) or to any close relative. Will it be best option to solve this problem?
6. Can my mother create a will/bequest declaring that after her death, the legal heirs of her share will be her's children (my and my brother) on behalf of current legal heir of my second father's share.
7. Or should we file a suit to district court for partition. What time, money and witnesses required. Is this the best option.
8. Is it necessary to go court/legal help for declaring names in this property or nothing to worry for now and in future.
9. Is Varisaan Parman Patra (for declaring legal heirs of my younger uncle), a best option?
What is the best and always legal way to solve this problem.
Thanks a lot for your precious time.
Looking for the kind resolution...
M Rastogi
Shonee Kapoor
(Expert) 22 May 2012
Your mother alone is the legal heir of your uncle/ Step father.
The suit of your elder uncle would fail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
