My father has two wives(He married to 2nd wife after my mother's death). I am the only daughter of first Wife. For the 2 nd wife , he has 2 sons. Before he died he made a gift deed worth of 4 acres to his 2nd wife. Later made a will of 4 acres to me -> which is having no road facility. For other 2 sons jointly he made will of 8.5 achers land + 5 guntas land+ 1200 sq feet site for them. Currently living home is not included in WILL. and land giftdeed to 2nd wife is not included in Will. Right now the property given to me is said to be in litigation from the person to whom the land is purchased by my father... Its a ancesstral property , The seller is not the legal hair is what some third party is claiming..He says your father purchased from fraud person.My father paid around 12 laks for 3 acres of land 13 years back. We already applied to the court for will execution.. but i am hesitating to take this land because of all these issues.. All Properties are self acquired Properties of my father. Can i file Partion suit? saying some litigation is there for my part? or should i proceed with will execution? what will happen if other person take all 3 acres from me.. i will be left out with only 1 acre then.. Next we need to provide evidence to court, that we are legal heirs.. after probate i don't know the third person cliam that its my grand fathers. He excluded the seller from his family tree and claiming it as its my grandfather peroperty. Please guide how to go with this? What i wish is to take partion in current land and then take parition in other land after litigation is resolved. Atleast i get 3 acres with this.. don't know what happens later .. What is the best step to proceed with -> Please guide...
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You cannot file partition suit for properties bequeathed to your step brothers by will
2)only if you challenge will on grounds of coercion or undue influence or that father was not mentally fit then only can you file suit to claim share in said properties
Hello,
The property gifted to you by your deceased father is under litigation, hence you my have to fight the litigation properly i.e., continue the litigation as LR of your father and get the case dismissed on merits.
If the judgment is against you then you prefer an appeal on the basis of the registered sale deed on your father's name.
However you cannot file for partition of other properties settled/transferred by your father in favor of your step mother and step brothers.
You can produce the Will written by your father in respect of the properties bequeathed in your favor by which you can claim title to the property under litigation.
You cannot claim any share in the other properties which stands transferred to others by gift or any other mode of transfer as a right.
Hence no partition suit for a share in those properties is maintainable
Dear client,
I'm sorry to hear about the complicated situation with your father's properties. It can be challenging to navigate these legal matters, but I will do my best to provide you with some guidance.
Firstly, regarding the gift deed and will, it's important to understand that gift deeds and wills are two separate legal instruments. A gift deed transfers the ownership of the property immediately, whereas a will only transfers the ownership upon the death of the testator (your father in this case). So, the 4 acres of land gifted to your father's second wife belongs to her, and it is not part of your father's estate that is subject to distribution under his will.
Regarding the litigation on the 3 acres of land bequeathed to you in your father's will, it would be best to consult a lawyer who can help you navigate the legal system and provide you with the best course of action. Filing a partition suit may be an option, but it depends on the specifics of your case and the laws in your jurisdiction. It's also worth noting that if the litigation results in the land being transferred to someone else, then that land will no longer be part of your father's estate and will not be distributed according to his will.
Regarding the ancestral property and the third party's claim, it's crucial to gather all relevant documents and evidence that establish your father's ownership of the property. This evidence could include sale deeds, property tax receipts, and other relevant documents. The court will decide the ownership of the property based on the evidence presented, so it's essential to gather as much evidence as possible to support your claim.
In conclusion, I recommend consulting a lawyer who can help you navigate the legal system and provide you with the best course of action. It's important to gather as much evidence as possible to support your claim to the property and to be prepared for the possibility that the litigation may not be resolved in your favor.
Yes you can do the above and proceed with will execution. Partition suit is a long exercise
Yes you can
Can i file Partion suit? saying some litigation is there for my part? - Not maintainable.
If he has not showed him in family tree but must have included as respondent. Partition possible only in Currently living home.
