After my mothers death in 2008 , my retired high ranking official ,developed relations with the wife of the tenant living in our porch turned 1 room of our house. After the tenants death,who was a supervisor at a godown, my father,unknown to us,started taking care of the woman n her 3 kids. Much to our surprise,we came to know in 2019,1.5 years before our fathers death in 2020 that he had married the woman,ostensibly to help her financially ,specially with his pension,when he passes away,as the woman was younger to him by 30 years Before his death, our father wrote a registered will that gave possession of the house and ansectral land to us 2 children,whereas she should get only his pension as he seemed peeved at her greediness as it seemed had become evident to him. After his death, as she was living in the house, she refused to leave the house and is demanding a 50% share and already has 60 lacs from the proceeds of the sale of ansectral land. All mediation for past 2 years has come to naught as she insists on 50%share of the house even though,she has also extracted 20 lacs from her 1st husband's parents. What should we do
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Apply for probate of deceased father will
2) probate is judicial proof that will is genuine
3) notice would be issued to second wife
4) if she contests the will it would get converted into testamentary petition
5) you have to prove will by testimony of one of attesting witnesses
6) you should succeed in getting probate
7) then file suit for eviction against her
Dear Client,
As the will is clear about what she should be getting from your father, you shouldn't have given her a share in the ancestral property. Anyways now you should file for the mutation of the property in your and your siblings name.
She has no claim to the property as she is to only get his pension as per the will.
You don't have to pay her if you have the registered will with you. If she doesn't leave you need to file suit for eviction
Her claim to property of your father depends on the validity of her marriage with father. Once it is accepted that she is lawful wife of father she will as a legal heir will be entitled to equal share in ancestral property and whatever is self earned property bequeathed to her by will. You can challenge the validity of her marriage with father as it is doubt full marriage without your knowledge and father being old and widower. Question her status as wife of deceased father.
She is at best a squatter in this house because as per the registered will, the ownership post demise of your father, passes on to the two children.
Initiate a suit in the civil court Lucknow and get her dispossessed from the House and get your title declared on this house, on the strength of the registered will.
Feel free to get in touch for more help.
If your father was the absolute owner of the properties he bequeathed to you and your siblings by a registered Will, then you both can enforce the Will by submitting an application to the concerned revenue department to transfer the revenue records to your name on the basis of Will.
If it is objected by your step mother then you can get the Will probated by a court competent and drive her out of the house once the court passes an order in your favor in the probate petition.
You do not have to beg her nor request her to vacate, you can give a legal notice instructing her to vacate the premises failing which you can file a suit for ejectment to eject her out of the property through due process of law.
