Notrised will deed

As he is a govt. servant, service rules to be followed for retired benefits. 

1) Whether will -deed Aplies to Service money PF & Gruety etc .

PF and Gratuity are self acquired property, goes according to his wish as explained in the will.  But family pension goes to first wife and if there are minior children or unmarried daughter through the second wife, they are also entitled to share in family pension.  The second wife cannot have share in family pension, but if husband has given her PF money and gratuity in his will, she can get them.

2) which rules court will follow will- deed rule or service rules .

In respect of self acquired property and PF and Gratuity, as per his will and in the case of ancestral property as per Hindu Succession Act (assuming he is Hindu) and as per this Act, the first wife, the children of second wife and the mother of Government servant, if she survives get equal shares in ancestral property.  If in the will, he specifically excludes first wife, she is not entitled to the same.  In the will deed he can give some property to his first wife, but he cannot command the second of second wife to pay Rs. 1000/- per month.

3) Only partition case in in court -Probate is not filled .

If will is not filed in the partition suit, partition will be done in accordance with the Hindu Succession Act as explained above.

Ramachary sir ,heratly thanks for your feed-back but Actaully will deed maker  was expired .

now dispute is with in 2nd wife,son,daughter  on one side   and First wife  on one side .

court has to 100% agree with will deed or has 100% deny will deed .

will deed got exhbit no i.e. notary & witness agrred it 

Dear Chandrashekhar Sir ,

Your decision /suggestion is some-what ballanced one.

will deed in submitted in the partition case even notary & one witness accepted it signed in from of them .

Do have any judgement reffrence of simmilar court case . where will deed is followed not service rules .

if you give me such i will be too much thankfull to you .