sts abd (owner) 20 August 2013

Notrised will deed (property )

Dear All ,

My client made Notorised will deed .he was hindu in government job . He has two wife . 1)Not taken divorse from first wife (But 1 st wife do not had childern ) 2) 2nd wife had 4 childens.

In will deed - both wife & childrens are given something but theirs Shares are diffrent & Shares are as per the natures & behaviour .

1) in will-deed all self earned property given to second wife & her childerns. Even PF & Gratuty & service money given to 2nd wife .

2)in will-deed -1 st wife given some part in land . 1000 rs per month from 2nd wifes son .

now matter is in court for Partition question is -

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

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

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

3)Can some-body give me any reffrence of simmilar court case N orders with Answers of above Questions.

THANKS

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5 Replies

sts abd (owner) 20 August 2013

client is Not alive . expired 12 years before . & matter is pending court .as disputes between two wives for possesion & partition

. One notary & one witness agrred that will deed is true.

but i think court/ JUDGE is confused @ whether to follow will-deed or To follow Service rule for job peoples for dtstribution of money of provdent fund & gratuity etc . - which states something else.

thanks for immediate reply . i am in troble plz suggest

2BHelpfull (Other) 20 August 2013

hindu can have only one wife.

ur client has done second marriage which is illegal.as first marriage is still there in eye of law.

if the property is self acquired then it can be willed as per his/her desire.

2BHelpfull (Other) 20 August 2013

Originally posted by : sts abd
	client is Not alive . expired 12 years before . & matter is pending court .as disputes between two wives for possesion & partition . One notary & one witness agrred that will deed is true. but i think court/ JUDGE is confused @ whether to follow will-deed or To follow Service rule for job peoples for dtstribution of money of provdent fund & gratuity etc . - which states something else. thanks for immediate reply . i am in troble plz suggest

as ur client is hindu , second marriage is illegal .

First marriage is valid n his first wife got the right to claim provdent fund & gratuity etc. as second marriage is illlegal, so right of second wife to claim provdent fund & gratuity doesnot arises