Property distribution
Gopalacharyulu
(Querist) 02 July 2017
This query is : Resolved
respected advocates,
My father passed away 11 months ago, he made a Will in self writing duly attested and with 2 witnesses singed. He grant his self acquired property's and assets to me ( 26 yrs) and to my elder brother ( 29) , we are two beneficiary's in that will. my mother is second wife to my father, they lived together for nearly 4 decades happily. My father's first wife deserted him long ago absconded my father with her only son ( my father's first marriage got him one son) just because he got TB. after that she filed a case in court and court ordered my father to pay monthly maintenance which he full filled perfectly until his demise.
My mother's name present in every legal document like ration card, aadhaar card, pension ( which she is getting now) , my father wrote in his Will that " my first wife and her son should not get any rupee because they are not present when i mostly needed them ( when he got TB). So at any cost my two children ( me and my brother) should be my legal heirs". we got legal heir certificate after his demise.my questions are:-
1st Q:- will there be any legal problem as my mother is second wife even though my father made sure we should get everything?
2nd Q:- we have a house but it is still in my fathers name, is there any problems arise from that point? should we change it ?
Kumar Doab
(Expert) 02 July 2017
It is believed that you are all Hindu.
confirm!
Kumar Doab
(Expert) 02 July 2017
The owner can dispose his self earned/acquired estate/property in favor of anyone.............anyone be it even his cook..........a stranger........ by a valid/registered deed say WILL.
A handwritten WILL should be reliable.
Your mother (2nd wife) is not beneficiary in the WILL.
Even if the marriage was illegal the children are not illegitimate.
However the ClassI legal heirs if not satisfied can contest the WILL.
Kumar Doab
(Expert) 02 July 2017
It is not mandatory to probate the WILL at locations other than presidential towns of Mumbai, Kolkota,Chennai...............
if the estate is not these locations approach O/o authority under whose jurisdiction property falls say: MC and obtain requisite forms for such matters; Testate Succession and comply.
Kumar Doab
(Expert) 03 July 2017
Obtain forms of Testate succession and comply.( Submit certified copy of the WILL)
If contested WILL lands up in probate court of pecuniary jurisdiction.
Rajendra K Goyal
(Expert) 03 July 2017
Your deceased father could sell / gift / mortgage / bequeath a will for his self acquired property in favor of any, no one can object.
Though first wife is legally married and wife as not divorced she or even your mother have no claim on the property..
Kumar Doab
(Expert) 03 July 2017
You have confirmed that you are Hindu.
Your father married (your mother) during life time of his 1st wife.
The marriage is not legal.
Confirm if the property was self acquired or ancestral (Pushtaini).
If the property is ancestral in the hands of your father then there would be issues.
Otherwise if it is self acquired then your father could dispose it by a valid WILL, as advised by Mr. Rajendra K Goyal also.
The only issue is that any WILL can be contested.
Nevertheless the last wish of testator in his WILL is supreme.
If WILL is valid it can prevail.
Gopalacharyulu
(Querist) 03 July 2017
Thank you Goyal sir, so, my father's first wife and her son will not be any problem considering the will and faithfulness. Right? As she and her son not seen or heard from decades! My own mother not received any benefits in will because my father might aware of the problems.
Gopalacharyulu
(Querist) 03 July 2017
Thank you Kumar Doab sir, yes ,my father and we don't possess any ancestral property , every rupee is his hard earned money.
Kumar Doab
(Expert) 03 July 2017
The legally wedded wife ( 1st wife) and son from 1st marriage are not strangers and can contest the WILL.
The 1st wife may contemplate to stake claim as perceived by her or guided by her own counsels.
In the meantime submit the WILL to act upon it.
They may not contest and WILL may be acted upon.
Or they may chose to contest.
Prepare for such eventuality.
Discuss with a very able local senior counsel of unshakable repute and integrity specializing in succession/civil matters.
Guest
(Expert) 03 July 2017
Agree with Mr RK Goyal
Guest
(Expert) 03 July 2017
Well Advised and Agree
Kumar Doab
(Expert) 03 July 2017
If it was self earned/acquired property then your father could dispose it by a valid WILL.
You are welcome.
krishna mohan
(Expert) 04 July 2017
Well advised by experts. Give effect to the will and arrange for transfer of property in your name as required under law with the guidance of legal expert on property matters.
Kumar Doab
(Expert) 04 July 2017
Thanks for agreeing Mr. Krishna Mohan.
Gopalacharyulu
(Querist) 13 August 2017
Goyal sir, I understand why my mother ( second wife to my father) will not receive any share in the property. But can you throw me some light as why his first wife have no claim in the property and what about her son?
