Will challenge of second widow of father's elder brother
YOGESH
(Querist) 26 October 2017
This query is : Resolved
My father's elder brother has 2 wives without any child , they expired without making a Will but their second widowed wife made a Will and gifted all the property to her sister's Child including the house in which we are leaving from 1957.Please guide me what should I do!
Kumar Doab
(Expert) 26 October 2017
You have not posted which personal law applies in your case e.g; Hindu.
Who was title holder /1st owner of said property ;Your uncle or his ancestors i.e. his father/father’s father/ father’s father’s father…..? In other words the said property bequeathed (full or in portion) by WILL by 2nd wife was self acquired in the hands of uncle of ancestral?
Confirm!
Kumar Doab
(Expert) 26 October 2017
Your paternal uncle married 2nd time after death of his 1st wife?
You belong to which caste/sub caste and does customs (proven customs) of your caste/sub caste allow 2nd marriage during subsistence of 1st marriage?
Confirm!
Kumar Doab
(Expert) 26 October 2017
Believing that you are all Hindu……and mother of your uncle ( and your father) was not alive as on date of death of your uncle…………
If the said property was self acquired in the hands of your uncle and he married 2nd time after death of his 1st wife or if customs (proven customs) of your caste/sub caste allow 2nd marriage during subsistence of 1st marriage…………………then the 2nd wife can very well dispose the property of her husband by a valid WILL.
Rajendra K Goyal
(Expert) 26 October 2017
Whether second marriage was during lifetime of first wife / without divorcing legally from him?
If so, second marriage was not legal.
Second wife has no claim on property of the deceased husband, her will is not applicable on the property.
Kumar Doab
(Expert) 26 October 2017
Only the owner of property can dispose the property by valid WILL.
If 2nd wife was not legally wedded wife she was not legal heir and not to inherit property of uncle.
If her marriage had legal acceptance then she can inherit property of her husband and can dispose by a valid WILL.
Now you may post facts.
Kumar Doab
(Expert) 26 October 2017
Only the owner of property can dispose the property by valid WILL.
If 2nd wife was not legally wedded wife she was not legal heir and not to inherit property of uncle.
If her marriage had legal acceptance then she can inherit property of her husband and can dispose by a valid WILL.
Now you may post facts.
Ms.Usha Kapoor
(Expert) 27 October 2017
IF under YOUR custom/caste/sub caste 2nd marriage is valid during the subsistence of 1st marriage she your uncle's 2nd wife can bequeath her property to any one of her choice assuming that it is her husbands self acquired property. If not the second marriage is illegal she has no right to dispose off the property by will with one catch. Her children born to her so called husband are considered legitimate and they can enjoy their equal property rights along with first wife's children.including the property their mother left under a will of the marriage is illegal her step children also enjoy equal rights in her property. as primafacie her will is null and void..Where as if marriage is illegal and such a will is primafacie null and void her sister's child doesn't get any rights under her invalid will.
Ms.Usha Kapoor
(Expert) 27 October 2017
If you appreciate my above answer please give me likes.
