Will is valid when domestic dv case is going on the court?

1. It is very difficult to challenge said 'Will' mentioned in your brief without seeing True Copy of the 'Will'.

2. However 'grounds' for challenge which one may take after in-Chamber consultation with a local Advocate who is found via reference are; deceased Husband lacked testamentary capacity, deceased husband was undue influenced, deceased husband was persuaded to write the will in a certain way.

3. Yes, a deceased husband was entitled to write a 'Will' during pendency of DV Act Complaint case.

4. If husband is now deceased then the Protection Order under DV Act, 2005 currently you and minor are enjoying also becomes questionable facts along with Main case under DV Act and so is right to residence of deceased Husband’s self earned property (Mumbai flat) which in absence of any injunction is recently said to be part of his last Will !.

5. Lastly, based on ‘bare reading this query’ all I can value add here is that, you are left with no rights if the deceased husband's Will validity is upheld in a Court of Law, but it is suggested that your daughter can challenge the 'Will' under guardianship of her natural mother based on different School of thoughts under Indian Succession Act r/w ordinary residence State's Amendment.

Hence, suggested to very soon Chamber consult all these facts with a local advocate found via reference with case papers and most importantly discuss the Will of deceased husband as well as carry True Copy of his Death Certificate for continuing (any) further relief.

Your post isnt clear whether you are a working women .In case your are a working women and drawing a HRA i dont think so in Your DV case you were able to claim rent from your husband . You have not stated if the maintanence case filed is just for your daughter .Your father in law by filing a case against his son has stated that his son has no  right to any property .The reason being that you cannot claim any ancestrial property after his death .The Husband and the father in law has clearly drafted the will citing that as per the wishes of the father inlaw a certain portion from the sale deed can be allocated to your daughter. Hence your husband has thought about the future of his daughter .This itself show causes his love for his daughter even though lying on his death bed  .  As per my view a will would superseed everything that comes it way . Hence it is better  to catch up with a job and become independent . As for your daughter if you can ambically sort out the issue with your father in law maybe he would take care of her entire education etc . But once a case like a DV case goes to court it is as good as the marriage is dead and over .

While your husband was in hospital didnt you think it fit to visit and take care of him now that you seek for his property . Is marriage all about property and not about companionship 

All the above is a result of gender biased laws . The human mind thinks and thinks about the  loop holes in the law and how to go about by -passing the same . Even if you seek consultation with the best of lawyers and i dont think so thay can do anything about this all they would do is give you tall talks and state oh yes i can do this and that but the end result would be spending years in court without any relief but just a waste of your time and money .

Originally posted by : Tajobsindia
	4. If husband is now deceased then the Protection Order under DV Act, 2005 currently you and minor are enjoying also becomes questionable facts along with Main case under DV Act and so is right to residence of deceased Husband’s self earned property (Mumbai flat) which in absence of any injunction is recently said to be part of his last Will !.

When husband is deceased than for whom  does the protection order hold good is my point of view . Can a Deceased husband commit acts of cruelty ?? On sumbission of the death certificate of the Son the case itself would get dismissed .

1. Now i see will's brand (The smoking pipe )   coming in to fight gender biased laws.

2. Gifting of property to your blood relations or relatives . 

3. Parents Disowning you .

4. Taking up a rented place to fight RTR .

5. Taking up a low based job in order to fight maintanence cases . 

6. Showing your business into losses . 

7.showing heavy loans on you . 

8. Very shortly we are going to see the loop holes for the recently passed gender biased laws amendment for division of property .

In india everything is possible in order to fill up the loop holes of its  gender biased laws . The more the law gets gender biased the more people will sekk its loop holes 

 1.    You may not know settled Laws thus allowed to make comments but know the Law first;

- if maintenance is granted under DV Act then from Estate of the deceased Husband same can be continued for wife – minor which is settled Law.

- showing that the Will just talks what to do with deceased husband left Estate and does not clarify ‘transfer – gift – revocation of title’ as RTR (right to residence) already granted to wife under DV, same can be continued even if Will is proved to be correct which is again a settled Law for a reason the RTR was first allowed before Will surfaces.

- Proof of death of a husband has to be shown via a impleading petition of necessary party (FIL herein) and not out of the blue Court comes to know of Respondent being deceased and then only has power to act which is again settled Law as substantive question of rights of minor via her natural guardian needs to be settled and Court cannot act on its own ina Special Act which DV Act, 2005 is and overrided any General Acts.

- Even under GWA The Act a ward has right to maintenance from deceased Estate which is settled law and seperately can be invoked.

~ After exhausting all or any one of the above remedies casting aspirations on 'wriggle' out of any situation can be triggered and not before that J

2.    Morale of replies – First hit the query without making one too many assumptions as it is nobody's case made out especially in open forums and not to make fun before knowing settled Law.

[Last reply]

The author of this post has stated that only protection order has been passed which comes under sec 18 of the DV act as below 

18. Protection orders.- The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from from commiting any act of domestic violence .The author of this post has not stated what the protection order states hence it is open to speculation .Else the author of this post would not have come to this forum .

The author of this post has applied for maintanence which is rather vague and not stated as to maintanence is for her or for the child but now where has it been stated that maintanence has been passed and for whom .Had maintanence ( Facts are not clear for the above author of the post if she is working women which i have to presume else she would not be able to survive for such a long period ) been passed than i presume for non payment of maintanence the property  could be attached but still than i feel as the husband is deceased the will would superseed ? Secondly stating that the husband was influenced or provoked would not hold good as the will would be signed in front of two witness and also the doctor has stated that patient is of sound mind .Mere objections without any evidence holds no ground for these objections to be accepted when the husband has expired and in the absence of an injuction order .THe DV act states that within 60 days reliefs has to be provided . Does the court function in this manner to implement the law within 60 days of providing reliefs .

But natural proof of death would be given by FIL and hence i presume the case under DV act  would be dismissed.The author of this post  has nowhere stated that the relief under section 19 of the act right to residence has been passed but as a matter of fact husband has been thrown out of the his very own house by the very own words of the author of this post . Also a will prior to any RTR order being issued by the court would surpass the same when in clear facts has not been stated by the author of this post .Now even if author of this post is residing in the flat or by the time author of this post applies through wards act Fil would dispose of the property to a know party when they have so smartly got through the loop holes of the system vide the aid of very very cunning lawyer 

you dont have any right asking me silly quetion as you dont know complete background of our matter to mr 

stanley

thank u!!!

Originally posted by : anamika
	you dont have any right asking me silly quetion as you dont know complete background of our matter to mr  stanley

Like i said earlier when husband is in death bed wife is not bothered to even take care of him or visit him . But when he expires immediately the eye is on the property as though marriage is all about gaining the property . when entire facts are  not put forth than such answers prevail .