Register will
vijay
(Querist) 13 June 2015
This query is : Resolved
Hello! Dear sir,
I Mr. vijaykumar (Hindu) from Gujarat. My father having ancestral agriculture land coming from my grandmother total 8 vinga with joint name of my uncle. My father had got 1st married and having 2 daughter and 1 son. But she's affaired with other person. Court decided to divorce eachother. But she was not happy and again court cancelled this divorce. My father not accepted her as a wife. 1st wife & their children name is not recorded in the government document of 7/12, 8A. Father got 2nd married with my mother. Here I am alone of my parents.
My father wants to divide in two parts equall but they doesn’t agree and want all land. So my father decided to give this agriculture land only to me with the help of written "WILL". My father age is around 80 years and suffering from bypass surgery and pacemaker installed by my own expenses. Now this land is under custody of his 1st wife since 30 years. Is it possible to do this things by WILL? If we go to the court how much share I will get with my father and my mother (she is eligible to get her share)? Can also 1st wife take her share from this land…?So I humbly request to you please give me proper advice or any other clever idea regarding this matter...we are suffering for the same since 4 years..plz share your perfect idea to solve it proper way.
Thanks.
Vijay Patel.
Sunny Waskar
(Expert) 13 June 2015
In such a case when u have trouble even before the death of ur father. The best thing that I can advise is to that ur father should make a gift deed in ur favour and u should accept the same and during his lifetime. Transfer the properties in ur name.
Kumar Doab
(Expert) 13 June 2015
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.
You have posted that “My father having ancestral agriculture land coming from my grandmother”.
You have not clarified Paternal Grandmother or Maternal Grandmother?
Hence first of all let your able lawyer confirm the property is ancestral!
The father may partition (properly demarcated) the property with his Brother (uncle) thru registered partition deed. If there are no issues with Uncle it can be done amicably and won’t take much time.
The status of the property after partition would be self acquired.
The owner can give away self acquired property by Gift also.
If first wife is not legally divorced then she and her children are ClassI legal heirs.
Your mother is not legally wedded wife.
Your father may provide a place to reside to his first wife and her children and get this property vacated.
You may show all the documents pertaining to property to an able lawyer dealing in property/family/civil matters and proceed under expert advice of your lawyer.
If the father also feels that he is aged and operated upon then he may complete the process in his life time and ASAP.
vijay
(Querist) 13 June 2015
Dear Sir, Grandmother perchased this land by herself..after her death it come to my grandfather name and finally on my father and my one uncle...
Rajendra K Goyal
(Expert) 14 June 2015
Your father can gift / will his share of land to you. Consult local lawyer.
R.K Nanda
(Expert) 14 June 2015
nothing to add.
