How to deal with issues in resolving inheritance of property
08-Jun-2023 (In Civil Law)
My father had two marriages... The first he had ....he had two son,he then divorced in the local Panchayat and on a paper having signatures of other people,my step mother etc.he wrote clearly that she and her son won't have any rights on the property except the village house in which they live. My father then married my mother and I am the only son. My father wrote a will about two house giving it to my mother.My father died 7 years ago. 3 years ago my mother selled a house (will was directed to my mother)...my step brothers came to know that the original will was submitted to a office from where it was misplaced and couldn't get it till date.they filed a 420 case agaisnt my mother and me.the police had investigated and filed Final Report that all these years my mother had possession of the house,the will was directed towards her ,it was housing board and some emi was deposited by my mother too of the house to government. Guide me.
Only sc/st community can take divorce in their caste panchayat.if you belongs to these community or belongs to community where customs allow divorce in panchayat than only divorce executed between your father and step mother is valid one. Apart from it as you said will is in favour of your mother regarding two houses so by virtue of will your mother become absolute owner of both house purchased by your father.
your father got two marriage and did not get divorce in court to your step mother who is first wife of your father. in law she is only wife and if your father given the property throu will than it must be his self aquired property other wise that will is a fake will.
first thing is that your step mother is legally wife of your father and it is only facts with you that your step mother already given his consent to your father regarding the property, and property is self acquired by your father then he had right to will to your mother. all depends on facts and circumstances.
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