Please guide the course of action to be taken.
Ramesh
(Querist) 08 March 2012
This query is : Resolved
Dear EXPERTS of the forum,
A HAPPY HOLI and COLOUR FULL YEAR , TO LCI FAMILY!
Please guide me, the typical situation my wife is in!
My (Wife's)adopted father adopted a male child and a female child ie my wife. The adoptive parents are no more. Because of some politics in the family my wife's brother(Who was adopted along with my wife )is denying the share. On probing i found some incriminating documents of the family. One such is, the WILL written by my wife's adoptive mother's mother (Grand mother) ; in which the my wife's Grand mother had given all the property to my wife's biological father (except the property acquired by the Govt.of A.P.). On seeing these developments, my wife's biological father had written all the property to my wife, that he got from Grand mother of my wife's,adoptive family.My wife,s biological father is also died recently in the year 2010.
Prior to this , ie during the life time of my wife's Grand mother (of adoptive Family)had given only a GPA ( In the year 1960)to my wife's adoptive father. After expiry of my wife's Grand Mother('GM') in the year 21-03-1976; after seeing the WILL of 'GM' my wife's adopted father had taken a GPA from my wife's biological father on 06-04-1976 and dealing with all the property without disclosing the content of the WILL of my wife's 'GM'. My wife's adoptive father had died in the year 2003, writing a WILL on the name of my wife's adopted brother and to his family members.And my wife's biological father had died in the year 2010.
On denial of share(?), we filed a partition suit against the adoptive family. The defendant party had submitted W/s, and we gave reply to this W/s. The Court had given INJUNTION on the property, enforceable until further orders.
My question to the esteemed EXPERTS is,
i) We have filed the case with fixed COURT FEE, is our stand is correct?
ii)my wife's adoptive father has entered his name(mutated) in the agricultural land and sold out majority of land during his life time( many of them by giving GPAs to third parties),had he got right to deal with this property as his OWN ( as per above recital/facts nothing was given to him through the WILL OF my wife's 'GM')?
iii) any other suggestions the way we have to deal with this case?
iv) the property sold by wife's adoptive father is occupied by hundred's of families from the year 1992. Is these persons have rights , as these property/s came to them through GPAs(But my father-in-law him self is a GPA holder of 'GM'& My wife's biological Father!)
Thanking YOU ALL, with a request to kindly go through our family problem, and suggest us way out.
Adv.R.P.Chugh
(Expert) 08 March 2012
Dear Querist,
First of all - what I am not able to understand is why and in what capacity your wife's biological father gave a GPA of property belonging to your wife's adoptive maternal grandmother, to your father, when he did not know about the will.
Secondly - If what your wife's adoptive father did was to introduce third party interests only on the basis of GPA given by your wife's adoptive maternal grandmother, which was automatically terminated on her death. His dispositions are clearly wrong. The property vests in your wife intoto.
You've not mentioned though how he 'wrote off' all the property to your wife ?
Thirdly : The suit as it stands is maintainable - not hit by limitation - for you should be getting the benefit of limitation act S.17 (Document/Will was concealed from you all these years - all that period is liable to be excluded)
Ramesh
(Querist) 09 March 2012
Dear Sir,
For First: My wife's biological Father is younger brother of my wife's adoptive Father. Biological Father of my wife's signed the document blindly, as it is customary in the Family to obey the elders actions/orders.
Secondly: My wife's biological Father after seeing the developments in the family he did some probing and found out the WILL of adoptive maternal Grand Mother, which is registered.And he gave all the property that he got from the above said WILL to my wife through a WILL which is not registered.
further you have not discussed the COURT FEE matter.
Thanking you for sparing your valuable time for us.
V R SHROFF
(Expert) 09 March 2012
Well advised by Bharat.
Court fee, as case accepted, if not correct, court will direct you to pay more. Why worry?
