Registered will & partition claim
rajesh chanda sharma
(Querist) 01 June 2012
This query is : Resolved
Dear Sir
My Father in law wrote a comprehensive will explaining all facts & circumstances and get it registered my sister in law absconded with a Muslim and get married about 10 year back, my father in law was not happy with this and he has mentioned this fact in his will also. my father in law passed away in 2010,after his demise my sister in law has filed a civil suit of parhetition claiming the Property as HUF property and claim that Removal of Cast Disability act permits her to share HUF property.
Pl Guide with your expert opinion
Rc Sharma
Adv.R.P.Chugh
(Expert) 01 June 2012
Dear Mr.Sharma,
The nature and character of property is of great importance here. If the property was indeed ancestral or acquired by FIL himself but proceeds came out of ancestral property. (It was derived out of ancestral property nucleas) then in that case - the will does take effect only as regards the share of FIL himself i.e equal with his sons/daughters. The rest of property continues to be joint, and a partition can be sought.
Merely because she married a Muslim or converted is not enough to oust her.
However if the property was not ancestral then she can't ask for a partition and she is successfully ousted through the Will.
Consult an advocate with all documents.
Regards,
Bharat
Advocate
Suhail A.Siddiqui
(Expert) 01 June 2012
Contact Lawyer for knowing legal position based on papers
ajay sethi
(Expert) 01 June 2012
have you applied for probate of will?
father can disinherit his daughter by means of will in respect of his self acquired property
rajesh chanda sharma
(Querist) 02 June 2012
Some of the property was sold by father in law to my mother in law and some of the property was gifted through registered deed jointly to me and my mother in law she is happily residing with me,what will be status of these property both in case of joint property and self acquired property
now my mother in law is willing to will his movable and immovable property to my wife what precaution should be taken to draft an unchangeable will.
RC Sharma
Shonee Kapoor
(Expert) 02 June 2012
Joint property can be gifted or sold to the extent of his share only. No such limitation applies to the self-acquired property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
