Hello there, My father-in-law was 4 brothers and 3 sisters. Rajendra Singh, Ganesh Singh(my father-in-law), Mahendra Singh and Shailendra Singh. They have a big house. My wife grandfather wrote the legacy and make the owner of Rajendra Singh and mentioned the Rajendra Singh will distribute the house equally among four brothers so Mahendra and Shalendra took his part and sold than Rajendra sing sold his part for my Father-in-law and sign the notary document. After that my father-in-law died in 2013 but the house owner still Rajendra Singh. When I went to Rajendra Singh for the registry by the name of Mother-in-law. He denied for sign the registry document and said my father-in-law have 2 wife and told the story. My father-in-law did marriage in 1982 and got the 1 son (Jitendra) in 1988. He lived together total 6 years with his 1st wife and son than his first wife left him in 1988. After 2 years waiting for her, he did another marriage in 1990 with my mother-in-law. By the 2nd marriage, he has 2 children 1 daughter(my wife) and 1 son. Son is lost/murdered. After 25 year, at the Father-in-law funeral, Jitendra came with her mother and did worship. My mother-in-law accept him as son (because his son lost/murdered) and did request to live together. He lived with my mother-in-law and my wife after 2 months he demands a bike so my mother-in-law bought and gave him. After some times he demands his part of the house so my mother-in-law said it is your but you have to live with us than he denied and went with her mother village than he never comes back and communicates with my mother-in-law. Nowadays my mother-in-law is giving the house on rent since 2013. My mother-in-law paying water tax(Registered by Ganesh Singh), property tax(Register by Rajendra Singh and Ganesh Singh), Electricity bill (Registered by Ganesh Singh) We searched Jitendra on Facebook and got the document where he mentioned his father name is Gajendra Singh Rajput while my father-in-law name is Ganesh Sengar. Jitendra also tried to get my father-in-law job but the department rejected his application because he has no document of the proof that Ganesh Sengar his father and the department gave the job to my mother-in-law. At present my mother-in-law doing job. I want to know that how to the registered house by the name of my Mother-in-law without any dispute because Rajendra Singh wants to save him by court threat which gave by Jitendra. He is ready to do the registered house by mother-in-law but afraid from Jitendra threat. What happens, if Jitendra goes to court? if does so the house can be sealed by the court? What happens, when Rajendra Singh does the registry by the name of Mother-in-law without informing to Jitendra? What happens, if the registry is done by the name of my mother-in-law and makes the nominee of my wife than mother-in-law died than Jitendra can go to the court to take the property from us? Jitendra can proof that he is the son of Ganesh sengar by DNA?
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Your mother in law can execute indemnity bond to indemnify the seller in case any claims are made by other legal heirs
2) if Jitendra files suit he would be entitled to equal share in property
3) no need to inform Jitendra of sale deed in mother in law favour
4) Jitendra has to prove he is son of your father in law
Both wives will have equal share in the house and get registered as legal heirs name for your father in laws name.
Both wives will get 50-50% share in it.
And registered your wife's name as legal heirs along with mother in law name.
Don't worry about jitendra let him go to court still you mother in law will get 50% share in your father in laws share.
See firstly in case there is will the four brothers have equal share, then there is notarised document for which registered document is required so for 1/4 part of ganesh singh your mother in law and wife are owner in case first wife and son establish they are legal heirs then in 1/3 part both wife of father in law and 1/3 each of your wife and son jitendra is there. In case they fail mother in law and your wife are owner and they can mutate the property in there name for Rajendra singh share he can make registered sale deed in favour of mother in law so for that she will be absolute owner.
The house will not be sealed burden of proof shall be on Jitendra to prove he is biological son of Ganesh singh.
For the rajendra part jitendra cannot challenge anything in court for ganesh singh part he can challenge.
Mother can make will in favour of wife it will go to your wife he cannot challenge the will.
Yes he can seek a DNA test from the court.
If he doesn't have any evidence nothing can happen in court.
If Rajendra does registry and later jitendra gets injunction then the registry can bf cancelled.
Dna test can be only done by permission of court and it can be conducted to prove the same
Dear client
After reading the whole story I reached at opinion that your case is very strong as mother of Jitender has remarried and Jitender just for making claims on property and other benefits trying to show that he is son of your father in law.
And by any means possible he cannot claim share in the property of your mother in law so tell Mr. Rajender Singh to proceed with the registry as even if Jitender file a court case Rajender Singh cannot be summoned as he is making deed of his share to your mother in-laws as it is his right to give his share to anyone.
Now regarding sealing of house the court will not order the sealing of house in any situation. And if you think that this dispute can increase then after the registration of property in name of your mother in-laws sell the property and purchase new property by name of your wife then Jitender cannot do anything.
That can be work if I give some amount to Jitendra and take the signature on the notary document where we mentioned that I am keeping this amount on behalf of my 50% share of the house? Then Rajendra Singh easily can do the signature. So my question is after that Jitendra can go to Court? or anyone can be in trouble after that?
See if Rajendra singh relinquish or gift his share then jitendra cannot claim that also if you want it peacefully then you can take relinquishment deed from jitendra and his mother.
1) let your mother-in-law law file suit against Rajendra singh to execute sale deed in her favour
2) Jitendra should be party to suit
3)consent terms can be filed wherein Jitendra relinquishes his right in property
4) then sale deed can be executed by Rajendra In your MIL favour
If you prepare a proper registered agreement or relinquishment feed for his share them he can't again go to the court after taking money
Basically your father in law had two wives thereby it implies that during the lifetime of first wife, the second wife do not have any rights in her deceased husband's properties.
Legally, the first wife, her son and the children of second wife are equally entitled to a share in the property left behind by the deceased as a right.
Therefore any claim by your mother in law is not legally valid.
Hence instead of creating problems it would be better that 50% share can be allotted to the son of the first wife and solve the issue amicably instead of fighting it out unnecessarily and then approaching court and getting a unfavorable decision from court of law.
Think properly and take a wise decision at a right time.
