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Family problems

(Querist) 06 November 2009 This query is : Resolved 
Hi All,
This is Anil and I have a query regarding my Aunt(My mother's sister). Her husband is a 24/7 drinker. we tried to stop him drinking. But hopeless. Now he is counting days for his life. He has parents and one sister along with family is there in the same village. My uncle has two houses. One given for rent and my uncle, aunt and their children are living in one house. My aunt has one daughter and one son. They studying engineering.

Now the problem starts. My Uncle is now saying to everyone that if he dies he want to put a case on his wife and children. My uncle parents and sister are ready to put a case against my aunt and they will take the property (two houses). They will send my aunt out. My aunt was scared and in a big confusion.

Here my questions...
1. at this point what should my aunt do?
2. If my uncle dies then his parents take the property and through my aunt out. How can we protect her through legally?
3. I heard that if husband dies then all property will goes to Wife only not to his parents and sister. Is this correct?

Please help me out.

Thanks in Advance.....
Anil







Kiran Kumar (Expert) 06 November 2009
Anil Ji, dont worry, in case your uncle dies the property will devolve according to the succession law on all the successors.

if the relatives of ur unlce create any problem then approach some local lawyer for some practical action.
Sudharsan.m (Expert) 06 November 2009
Regarding question no.1 your aunt must enter settlement agreement with her husband or ensure not to write any will or deed to transfer his rights over the property to another.
Regarding question no.2 they cannot through out just like that, she and childrens are entitled in his property if there is no written agreement.
Regarding question no.3 Yes, but only if there is no written agreement in their favour.
adv. rajeev ( rajoo ) (Expert) 06 November 2009
Dnt worry. it is not so easy to file a case on ur aunt and her chidlren.
Regarding the property. If the properties are self acquired properties only ur aunt and her children will succeed the properties. If the properties are ancestral then ur aunt and children can claim their share in the deceased husands share.
Raj Kumar Makkad (Expert) 06 November 2009
I think otherwise. In my opinion your uncle is taking all steps now as per wishes and whims of his father and sister and he shall not dare to create hindreance of the passing of the ownership of the houses to be inherited in favour of his legal heirs after his death means his wife and children. In the given circumstances, he can either dispose off and can make will or can mortgage the properties so better his wife should file an application under DV Act and should obtain a stay order permissible only under that act and in this way she can save her properties to be dispose off.
bhupender sharma (Expert) 07 November 2009
I agree with the opinion of mr. Makkad my colleague.


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