after death prevent property from going to wife


Hi,

Is it possible to prevent the husband's property, money, gratuity  etc  from  passing to his wife after he dies?

If the husband makes a will in the name of some other family member, debarring the wife then will this work? Or is there some other way.

Has the widow got a right to ansestrial property which husband had inherited?

thanks

Vaibhav

 
Reply   
 

My dear Vaibhav,

As far as self acquired property is concerned, he has got his full right to disburse it as he likes.  It is better for him to draw a will with most reliable witnesses and get it registered (registration of will does not cost much).  Similarly, in the case of service benefits also, he has to mention clearly in his will to whom these benefits have to go.   He will also file nomination papers in the employer's office and in bank in favour of the person, to whom he wants to give the amount.  Mere nomination paper in favour of the person to whom he wants to give the amountin the employer's office or nomination in the bank, where his fixed deposits are there will not be helpful to him.  Hence, I am saying that a specific reference in the "will" will take care in future.  A specific mention that nothing should go to the wife would further strengthen his point.

In respect of the ancestral property, the share as per Hindu Succession Act would go to wife and children.

 
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Hi Prabhakar,

That was very informative....On the similar lines

1) If my father and mother have a,b,c,d properties...and at the time of mother's death family decides to allocate property-A to me and B property to my brother....Now if I don't want my wife (I am also having a minor daughter who is with my wife) to avail property-A...what should I do? Would a will saying that this property should not go to her will help or I should sell or transffer that property to some one reliable?

2) For property C & D...what should I do so that my wife can't have hands on it? .. if my father in his WILL don't give this to me...then would this help? or we should do something different?

3) Ofcourse I trust my family much more than my wife (who filed false 498a, Dowry and other cases on me and my family)...and if at later stage when my daughter gets major...then they would give required property to her if I say so to them

I am a heart patient and in future I don't want my wife to enjoy the fruits which me and my families earned in a hard way.

Kindly reply.

 
Reply   
 

If the property A,B,C and D are self-acquired property of your father, he can draw a will giving the share what he wants to give to you to your daughter and appoint some one other than your wife as executor of the will. Then your wife will not be entitled to any share. If the property even in hands is ancestral, then your wife will have share as per Hindu Succession Act. 

I also suggest that you seek the advice of Sh. Visveshwar Rao, advocate of Warangal, member of this club, by posting your querry on his PM for his "second opinion".

 
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Thanks Prabhakar,

This is true if I could not have divorce before my death right? If I can get a divorce then also this is true? If yes ... then what if she get married again?...Moreover what about PROPERTY-A which my I got after my mother's death....can I keep my wife away from that as she knows that I am having this property.

 
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If you get divorce first, she is not entitled to any share in the property except permanent alimony she may seek under the HMA.  Property A that came into your hand through your mother is ancestral property and she has got a share.  If you get divorce, then she will not get any share in property A. 

If you want to get her out of sharing the property, you sell the property and purchase a new property showing it as self acquired property and will it away as you like.  Or other wise, you keep sale proceeds in Fixed Deposit and mention it in your will to whom you want to give.  But, in both these cases, if you do not get divorce, she will ascertain her right by filing a suit saying that the new property/sale proceeds have come out of ancestral property.

Seek second opinion also. 


Total likes : 1 times

 
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self earned property is your property, and you make a will. mr prabhakar is right on the matter.

reg, ancestrial property -  try to consume it, as early as possible. this will fullfill your desire. after you she will be a owener of the same. even she can claim now also. her right established since marriage.

therefore consume it .


Total likes : 1 times

 
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Thanks Arup & Prabhakar,

I am drawing following conclusion from you comments.

1) My self-aquired property can be kept away from her by a will (whether I get or don't get divorce).

2) My father's (who is alive) self earned properties can be kept away by a will from him (whether I get or don't get divorce)

I still have below questions

3) The property which I received from my mother is a shop (that too has a partner)...can I sell it now? I have not started for divorce but thinking of it as my wife filed 498a, 307, 125 etc...cases against me, my father and brother...If I transfer it or sell it now...then can she claim it later (If i get or don't get divorce)????

4) The property which my father might have received from my grandfather...can she claim on her?

5) As my daughter is also with her....can she claim for both of them?

6) What kind of amount / property does normally court order for permanant alimony in case of divorce?

 
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7) Moreover...what are the chances of divorce in my case as my wife has filed all sort of cases....She has filed the case in first week of february-2010....Should I apply for divorce right now? or should wait for one year or till the cases filed by her gets over?

 
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1) yes. 2) yes. 3) she has already the right as your mother expired (is it?). 4)yes. 5) Yes. 6) if it is proved that she did matrimonial wrong to you,- then no allimoney allowed. in case of your fault, she may get allimony. amount will be decided by the court. all the properties and income from all sourcess will take into account. your income tax return will take an important role on it. you may also submit her income and properties for lowering down your burdain. 7) divorce has no relation with the cruelty cases. you have to prove your grounds.
 
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