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can husband claim wife property and pension even after registered will on her son's only and pending divorce case with husband??


My mother died of cancer 3 month ago she did a registered will in a favour of her sons. She was in divorce case with her husband for 9 years. The case was still pending. She was government employee. Here are my some questions: 1. Can her husband (my father) claim pension, job, gpf, insurance?? ( She leaves Registered Will in favor of her sons). 2. Do Her husband has a right to challenge her will?? 3. My mother also nominated her son's in her service book?? 4. My father threat me that I can make fake will with fake sign of my mother. Is it possible?? 5. Do 9 years divorce case has powerful ground?? My father Molested me, my brother and my mother for whole life!! Please help I'm very scared!! Please help!! I'm only 19 year old!!
 
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Advocate

Pension and befits goes to legal heirs since divorce not yet granted.Without verifying the will, other rights/ properties could not be opined.

 
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Lawyer

Originally posted by : Ganesh
My mother died of cancer 3 month ago she did a registered will in a favour of her sons. She was in divorce case with her husband for 9 years. The case was still pending. She was government employee.

Here are my some questions:

1. Can her husband (my father) claim pension, job, gpf, insurance?? ( She leaves Registered Will in favor of her sons).

2. Do Her husband has a right to challenge her will??

3. My mother also nominated her son's in her service book??

4. My father threat me that I can make fake will with fake sign of my mother. Is it possible??

5. Do 9 years divorce case has powerful ground??

My father Molested me, my brother and my mother for whole life!!

Please help I'm very scared!!

Please help!! I'm only 19 year old!!

Divorce case was still pending but not granted during her lifetime, implies that your father is one of the successor of her intestate property.

You have stated that she (deceased) has executed a will and bequeathed her property in favour of her sons, it can be challenged if she (testator) was not in sound and deposing mind, which other LRs have to consult and decide to proceed or accept.

However, if she (employee) has nominated her son in her service record, the nominee shall have to distribute the service benefits provided by her employer among all LRs of deceased (your mother /employee).

 
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Retired employee.

As there is valid will on her self acquired property, nomination and will prevails (lates) on settlement of all assets.  The persons named gets such rights and those who dispute has to file suit challenging the will and fight in court for decades to get such rights.   If the will is genuine, there is nothing to be feared.

 
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Retired Manager

  1. Terminal benefits: The Employer shall disburse the same to the person named in the Nomination who shall receive the amount as a Trustee and it is the bounden duty of such Nominee to distribute the amount received to all the Legal Heirs which may include your father too as the Divorce was not
  2. Other Properties: Since it is a Registered Will disputing it shall not be an easy matter. But the possibility of disputing and filing a case cannot be ruled out, in which case the onus of proof that it is a genuine Will lies with the beneficiaries of the Will by producing all the related records and Witnesses.
 
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Retired employee.

Finally, all this that your father may lay claim on your mother's property depriving their children' right may be an apprehension only, as real male never takes his wife's property depriving his children.    Shed all doubts, and think when you wish to cross the bridge.

 
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Advocate

With the death of the mother, the divorce proceedings have abated and it is no longer relevant. As the spouse of the deceased employee, the father is entitled for family pension. He also entitled for a share in the retirement benefits. 

While disbursing those benefits, the Head of the Office, is required to act in accordance with the nominations, as in the service records.

The property bequeathed has already vested with the beneficiaries. Take further steps in accordance with law and procedure. Empty threats are better ignored.

The children can seek maintained from the father, if otherwise eligible.

 
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