On mother demise intestate your father inherited 50 per cent share in property
2) in partition suit filed by father seek orders to deposit rentals in court
3) seek injunction restraining sale of property by your father
Property in my dead mothers name. Father asking for his share filed suit of partition.
While mom was alive she already announced her will and gave some cash to dad to survive and said he can stay in 3rd floor until his death. She said all the assets except the cash given to him belong to me. But we suspect she was given wrong medication resulting in her early death within few weeks of this announcement. Father took her signatures on 5 blank papers before her death in secret but she revealed that to me in hospital. She said she could not put her will on paper before her health nose dived. All close relatives are suspecting father killed her. After her death he immediately married within 3 months and is now disregarding her last wish and claiming half as legal heir. He is only managing all her assets emptied her bank accounts jewelry everything and new wife is enjoying all that. He even bought a flat in her name with my mothers emptied bank accounts. He is collecting all rent of my mothers property and only gave me 30% of rent for 3 months. Mom passed away 2 yrs ago. Now he filed for partition. While the OS is still on he is threatening me that he will sell his share and make his new wife GPA holder in case of his death. Can he succeed. Is this legal.
Asked 4 years ago in Property Law
Religion: Hindu
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5 Answers
Does her verbal will have no value? Her suspicious death? Father accepted that she spoke her will and I have on record. Can’t I fight for what was my mothers last wish? Father is very clear that he will sell his share and go away. My mothers hard work and the home she built with her name will be broken can’t I stop all that? My mother did not work hard to benefit the other woman she did it for me and my kids I am the only son..
Asked 4 years ago
Will has to be in writing and attested by 2 witnesses
2) oral will has no value
3) unfortunately since your mother died intestate your father has equal share in property
Hi
1) It appears that your mother has executed an oral will by which she had given restricted rights to your father and also had given absolute rights to you and your children.
2) Since the partition suit is already in progress, you can prove the oral will by presenting witnesses who were present at the time of your mother making the WILL. In case, the oral will is NOT proven, then we are afraid, that you and your father will be entitled to equal shares in their capacity as Legal Heirs to your mother.
3) Also since your father also admits the existence of Oral WILL, you can present the recording as evidence in the civil court.
4) Since your father has been collecting the rents of property belonging to your mother, you along with your written statement should also file a counter claim seeking Mesne Profits (i.e accounts for all the rentals so received by your father) and claim your rightful share.
5) Though you have made a serious allegation that your father might have poisoned your mother, you will need to file a criminal case before the police ,as only police have the right to investigate. If after investigation, your father is convicted by any court for causing death to your mother, then your father will NOT have any right whatsoever to claim any share of property belonging to your mother as in law, a convict cannot be a legal heir to the person whose death was caused by convict.
6)Your allegation of your father poisoning your mother will NOT be considered by Civil Court in the partition matter.
Hope this information is useful
Since there's no Will as such written by your deceased mother, the property left behind by her shall be considered as intestate succession only
Therefore you can claim half share in the property besides share in rental income equally.
Let your father give GPA deed to his wife, but it will be valid only till he is alive.
The oral Will or the suspicious death of your mother cannot be proved at this stage.
You should have taken the suspicion over her death at that time itself.
Your father is entitled for an equal share in the property.
Hence he is at liberty to sell his share of property.
Sentimental issues don't find a place in law.