My wife is an old lady whose father expired in 2016. Her father died without will. Her brothers forged will for some moveable properties.Probate case is going for it. For remaining properties they did not made any will. In partition case they have stated immoveable properties in his name were acquired from family owned firm. These cases are going in alwar city and we live in delhi. I am not in position to continue the cases as litigation is over two years now and no progress is made in cases on frequent adjournments and long dates. She wants to donate entire portion of her share for which no will is prepared to PM relief fund etc . Her share is in several crores. She can let them win probate case by dropping out from this case as moveable properties in this case are worth few lakhs. Kindly suggest me best course of action. My question is 1 Is it possible for me to do this ? 2. If yes , what should be done by me ? Who should be approached ? How ? 3 If no , what is best way so that my share in my father's properties is utilised for noble cause. Please guide me properly. I am really serious .
1) as on date she has undivided share in immovable properties
2) if the donor plans to gift an undivided share in a self acquired property of deceased father which he/she jointly owns with one/more persons, the Gift Deed should clearly mention the percentage of undivided share in the property which is to be gifted.
3) . A gift of an undivided share in a coparcenary property would be valid only if all coparceners have accorded their consent.
4) gift deed should be duly stamped and registered
The only way is now that you can execute a will for that. As there is no partition you can directly transfer your Share to the noble cause. The easy way was to execute Registered partition deed between all legal heirs.
1. See since both the immovable and movable properties are in dispute at this moment it cannot be transferred on completion of suit you can donate same.
2. Further pending the shit you can register a will that in event of your demise the properties should go to such trust or funds on competition of suit. And can give copy of same to collector office.
3. Further in your case you need to pursue the suit , I would suggest if there is possibility of any settlement giving you your fair share with other legal heirs then you can settle as suit may take time.
First of all please get the properties mutated in your wife's name either by court's order or when the court proceedings are going on after that she will able to do any transfer or any further steps in the matter then will be easy so please try to do that first.
Being a co owner of 50% UDS property your wife can execute a will.
Sir,
Once you are into litigation it is most likely that until and unless title is decided you wont be able to donate the property as the brothers as you say are objecting.
I truly feel for you values of noble cause .
Dear Client,
There`s no need for you to visit alwar, hire sincere lawyer. She can donate her share than govt. will have to pursue case as matter is pending before court and make sure, govt. employee will not give much stress and hire possibility that donation may never achieved.
Request court for speedy disposal or get HC direction.
Disposal of partition suit is must.
Thanks all for your valuable advice. From these answers perhaps best course for me is 1. Prepare a Will , get it registered with court stating my share in all moveable and immoveable properties of my deceased father is bequeathed to Government who can use this for any noble cause
Will has to be registered in sub registrar office
2) will has to be attested by 2 witnesses
3) registration of will is optional
1. The will can be drafted as per your instruction and same need to be registered with sub-registrar on payment of small amount of registration fee as applicable.
Still the case needs to be pursued.
Yes but that will only be effective after death of the testator. And Register the the same with sub-registrar not court. Court don't register wills.
Provide more details .may be I can try to reach settlement and perfect partition out of court.
1. To ascertain her share out of her father's properties and also to donate them to the PM relief fund, she has to contest the case and ensure that she gets her share of property.
She can donate the properties only after she is getting it.
2.In the meantime she may prepare a Will in such a way that the properties which shall be allotted to her as her share may be transferred to PM relief fund through the said will.
Once the Will becomes enforceable then the property may be transferred accordingly .
3. Bequeathing the share of property through a Will in the name of PM Relief fund shall be the best option.
Your understanding is right.
It would be better to execute a registered Will favoring PMNRF which will take care of all other issues.