To prepare "will"
vijay
(Querist) 04 August 2012
This query is : Resolved
Hi! Dear sir,
I Mr. vijaykumar (Hindu) from Gujarat, having some confusable issues. So I want to get proper guidance to solve legally my issues. My father had got first married and having 2 daughter and 1 son. But his wife's attitude was very bad, means she's affaired with other person. Court decided to divorce eachother but she was not happy of that decision. So again court cancelled this devorce. After that matter my father hadn't accept this woman as his wife. Father got 2nd married with my mother. Here I am alone of my parents. Now my father has agriculture land got it from my grandfather which is combine name with my uncle (total 8 biga). It is not self-acquired by my father. Father having no anymore relation between them (1st wife, 2 daughter & 1 son) since last 30 years. They are also never care to my father. Only we care to my father and all medical expenses. My father is more than 75 years old and by-pass surgery successfully done by my own expense. We are living seperate of them.
My father wants to give this agriculture land only to me with the help of written "WILL". Now this land is under custody of his 1st wife since 30 years. Is it possible to do this things by WILL? If possible then what will be the result comming when I will execute the "WILL"? Incase of near future we go to court then how much part I will have ?So I request to you please give me proper advice or any other clever idea regarding this matter....plz.
Thanks.
Awaiting for your favourable reply.
Best Regards.
Vijay Patel
ajay sethi
(Expert) 04 August 2012
since your father is owner of said land he can bequeath his share of land to you under will .
prabhakar singh
(Expert) 04 August 2012
If name of your father is recorded in revenue
record and his first wife is not recorded,only custody of her's over land can not create any problem but one thing you must notice that her sons and daughters are claimant of share as much as you children from second wife because it is ancestral property and your father can make Will of his own coparcenary share out of 4 bigha and not of all land.So in 4 bigha coming to your father is with 3 issues from 1st one you from 2nd and your father counting 5 coparcenars makes it clear that your Father can legally Wil only 1/5 of the 4 bighas as 1/5 belongs to you as coparcenary sharer and so it goes 1/5 each to 2daughters and 1 son of the first wife.
