Very rare situation- case

Which personal law applies in your case?

Are you all Hindu?

The said property of father is self earned/acquired, ancestral?

Has your father settled/disposed the property by a vlaid/registered deed?

Confirm!

The court must have examined all facts before granting divorce.

Understand the basics from your own very able LOCAL counsel;

In case of Hindu’s;

Hindu parent (Father or Mother) can dispose his/her self earned/acquired estate/property whose title vests in name of (Father or Mother) in his/her life time by his/her sweet will, by a valid/registered deed ( say valid WILL/, registered Gift/settlement etc deed)  anyone’s favor, even a stranger.

Sons/daughters, spouse has NO forced right is self earned/acquired estate/property of parents (father).

A spouse (wife/husband) has NO forced right is self earned/acquired estate/property of other spouse.

A spouse (e.g; Wife) is not a Co-parcener in ancestral property/eatate of other spouse (husband).

After divorce wife is no more a spouse.

In case of Hindu woman; the children born from her own womb have 1st right on her estate/property.

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

If your father wishes he can dispose his property in your favor also during his life time by a valid/registered deed and you can transfer IT to your mother and/or utilize to help and support your mother. TO achieve IT  and to get whatever your father want to give you by his free will (say registered Gift/settlement etc deed)  , you should have affectionate relations with your father. If your father gives any property/estate obtain proper original documents and update mutations records (with his consent) and get authenticated copies.

The Sr. Citizen parent (Father/Mother) can revoke the deed under the provisions of ‘Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007’ and Rules framed under the Act.

There are many threads on similar query at LCI that you can SEARCH bu using SEARCH option in threads/Files/articles e.g;

 Article under my profile;

“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !”

If your father does not dispose any of his estate/property or whole estate/property then succession shall set in for undispsoed estate/property, as per provisions of personal law that applies.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by Testamentary succession/ inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

For fraudulent act if any the complaint can be lodged with O/o Authortity to which an application with annexxures was made and that has issued the document.

Your own very able counsel after examining all record/inputs/facts may opine that maintenance decided earlier is set in STONE or may opine that under changed circumstances some relief might be possible and/or false representation was made to court and if IT is possible to rake up the issue now.

WILL (valid) operates after death of testator. WILL can be changed by testator until his last breath, before death.

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil   matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil   matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

In the meantime you may go thru;

Chattisgarh High Court

Ghurava Bai vs Vishnuram on 20 September, 2001

Equivalent citations: I (2002) DMC 324

Author: R Garg

Bench: R Garg

44. Being in respectful agreement with the judgment of the High Court in the matter of Shakun Bai (supra), I hold that a Court shall not be entitled to reject the wife's application simply on the ground of delay. In our judicial system except in accordance with law of limitation, the limitation or delay would never be allowed to defeat the justice. It would be mockery of law to say that able-bodied woman who could maintain herself for many long years after becoming old, sick and fragile should not be allowed any maintenance because she did not approach the Court at her young age. In a case like that, instead of apathy the Court must have sympathy towards the destitute. The Court must always see that in the given set of circumstances whether the application can be allowed or not.

Supreme Court of India

Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017

Author: ..….…...........……………………….J.

Bench: R. Banumathi, Mohan M. Shantanagoudar

                                                                              REPORTABLE

                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NO.  5369    OF 2017

                  (Arising out of SLP(C) No. 34653 of 2016)

Rest you own very able LOCAL is to advice you in person per facts/inputs shared by you.