• Property issues

My father age 69 yes is a retired govt employee and my mother got expired 8 years back. He is having 6 acres agri land owned by him and 4 acres got from his late brother as his brother does not have any children... he also have one own house and one house which he got it from joint property. Actually we are staying in Mumbai and he stays in my village along with his brothers... now he is showing interest in second marriage and also told that he will give one acre of agri land and one house...I came to know that the women have one child from her first marriage... 4 years back he also wrote one will saying that it’s his first and last will all the property will be give to me after his death.
Now my question are :-
1. Will his second wife be entitle for pension after his death
2. Who will be the legal hire after his death if he doesn’t write any will
3. Can he cancel the will which wrote before and give all the property to his second wife including 04 acres which got from his brother and one joint property house.
4. What can I do to hold back the properties.... excluding the one acre land and one house as my father promised her...
Asked 3 months ago in Property Law
Religion: Hindu

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14 Answers

TO hold him from doing all this things get first WILL created by him into Gift Deed and get registered on your name mention all the properties which needs to transferred on your name and make the GIFT deed immediately.  And for pension it totally depends upon him to whom the pension should be given after him if he nominate her second wife's name in the Pension Account then she will get it. Plus the marriage should be registered.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

She would be entitled to pension after demise of your father 

 

2) second wife , children born of first marriage would be legal heirs 

 

3) will can be revoked at any time by your father 

 

4) your father can during his lifetime execute gift deed in your favour and your siblings 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. Yes, she would be entitled to family pension after his death Even  of she is not married with your father then also you would not get his family pension.

2. He can cancel his previous Will. If he does not hen the Will be put into effect. If he cancels then his second wife and his children from first marriage would inherit his property and not his step child unless he adopts him.

3. Yes he an give everything to his second wife  but he can not deprive you from  his ancestral property.

4. You can file partition suit to claim your share from the ancestral property. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Yes if he legitimately gets married she will have pension unless she receives other pension from earlier husband

The property will be distributed equally in both wife childrens. 

Yes he can cancel the will if the said property is self acquired now. 

You can't do anything against his will. 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1. Yes, his second wife will be entitled to get the pension after his death. 

2. After his death his property would be devolved upon all the legal heirs  including his step wife & her kids , including you all. 

3. Yes, during his life he can make WILL in favour of any one and cancels the same . Only the last WILL is valid. 

4. Since, the 6 acres agri land was owned by him and 4 acres got from his brother , also one owned house and one house which he got from joint property , these all properties would be considered as self acquired property . and he is having his right to transfer the said properties to anyone as per his wish , and no one has right to claim over the same during his life time. 

- Hence, you cannot hold the properties against his consent under the circumstances given by you. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Yes

If he do not revoke the WILL, you will inherit all his property which are not alienated. 

WILL can be revoked any time and execute fresh WILL.

In father life time, you do not have any say in his self acquired property.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. Yes she will be entitled for pension.

2. All the children from first and second wife will be the legal heirs. 

3. If the WILL is revocable than yes he can change.

4. File partition suit now and a temporary injunction application against the sale or transfer of property 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Answers

1. yes she is entitle for pension after your father death.

2. you, your father's second wife, and her 1st marriage child also legal hire. doesn't matter WILL made or not. 

3.yes he can cancel will anytime as he like. Joint property and your father own property will be divided equally. 

4.your father has right that he can give property to anybody in their presence after your after property divided equally as per legal hire.

 

  

Hiren Jitubhai Brahmbhatt
Advocate, Ahmedabad
8 Answers

Not rated

The wife from the second marriage will be entitled to the share of the property which will be distributed equally.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

The second wife is fully entitled for the pension. After marriage with that lady; the surviving spouse and the children from both the marriage will be the legal heirs. The WILL can be cancelled/rewritten any time. The best way would to have cordial relations with the father and keep him in faith. The legal way will be filing injunction suit and refraining from writing ancestral property to anyone. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

I answer yes to question 1 to 3.

You persuade him to execute WILL in your favour and get it registered.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

1) yes legally wedded second wife entitle for pension after his death. 

2) Widow along with Biological Son's and daughter. Step Children's don't have share. 

3) A will can only be canceled by the testator.

 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

1. Yes second wife will be entitled for pension after death of your father.

2. You will get his property if he doesn't make any codicil(New will).

3. Yes he can cancel the will at anytime. 

4. You cannot do anything if your father is willing to give share to his new wife. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1. If he has legally married her then when becomes his legally wedded wife, automatically she will become eligible for the family pension.

2. She will become one of the legal heirs along with you and your siblings.

3. Yes.

4. Legally you cannot prevent him from going ahead as per his desire and decision.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

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