Will to pass on assets to kids (leaving wife away from will)


My uncle aunty used to always fight. Uncle was suffering from acute renal diseases and passed away writing a will. According to will, all inherted property should go to kids(70% to son and 30% to daughter) and nothing to his wife i.e. aunty. He made his eldest brother guardian of kids till they become adults. The will is registered in tehsil and was made by qualified lawyers. Now aunty has objection that half of the property should have come to her. Is this objectikn valid? Can a husband take out his wife from his inherited property?
 
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Advocate

Your aunty has no case to fight if the Will is validly executed. It is not necessary that a Will be registered.

 
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CEO

It is the ethical and legal duty of a person to make provisions for his legally wedded wife, in his Will, for her sustenance if she has no source of income and he has no valid reason to exclude her from inheritance of his property.
 
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Thanks Mr. Kishore and Mr. Venu for your valuable insights. Aunty is herself a lawyer and belongs to a family of lawyers so definitely has more knowledge of law than me. My father is the guardian in will and other uncle and my father are witnesses. Aunty says either when we went to DM office for execution of will, aunty threatened us and said i will impose various cases on you if you do not by your own wish decide to drop off from being a witness and guardian. Please suggest what can we do here to prevent ourselves. She threatens that she will file false cases against all males in family. Although the cases will be dealt with later but for now, we all might loose our jobs. We have no interest in property as its all with uncle aunty's kids as per will. Aunty used to work earlier as a school teacher when uncle was not well. She did not look after him saying she has a job to do when all of us shedded money and time to take care of him but unfortunately couldn't save him. Infact, when he expired, aunty went to hospital and doctor said i am seeing you (aunty) for first time in last 2 years (uncle was in doctor's follow up for 2 years). Doctor said if i knew he has support of wife i could have asked you to give him prescribed diet and other preventions like no smoking and all... she didn't at all take care of her and uncle used to cry in front of all brother and sisters. But now when she came to know about will, she is getting her brothers to threaten all of us and is threatening us of false legal cases against everyone. Not sure what to do as there is no interest of us in it and we are just trying to execute a will writing by my beloved uncle. Please suggest on what we can do to prevent ourselves. She says she will break the will. Not sure whether we should even proceed further or just give up as we dont have anything in it. She just want to quickly sell of everything and go back to her father's place. Inherited Property in our family is considered so preciius that my uncle did not sell even a single inch even when he was unwell. Its a big property of crores so life is in threat. Thanks everyone in advance for your precious time and insightful comments. Truely, Anurag
 
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Immediately file police complaint so that they may record her threats and blackmailing. Also file rti on the same police station and obtain written verification of complaint filed. This will help you a lot in future and land her behind bars. Also file a complaint with the bar association of the state.
 
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When we approached police station, we were suggested that no complain can be registered unless some event actually takes place. SHO asked us to think it from her point of view that we were actually doing something wrong then it would disable her to take legal action against her.
 
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Against us*
 
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Any suggestions here please?
 
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