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Rajni (not applicable)     27 June 2010

daughter's right in father property being only child

DEAR SIR,

 

 

MY WIFE IS FROM SATNA ( M.P.) SHE IS TH ONLY CHILD OF HER PARENT.

mY fATHER INLAW IS IN JOINT BUSINSS ( FIRM) WITH HIS YOUNGER BROTHER, BUT AFTER THE MARRIAGE ALONG WITH THE BUSINESS THE YOUNGER BROTHER;S SON HAS TAKEN CARE OF THE BUSINESS & THE PARENTS, NOW FATHER IS NOT WELL & LOST MEMORY PARTIALLY AS SUCH WORKING SON HAS TAKEN THE ADVANTAGE OF SITUATION HAVE GOT THE WILL OF THE PROPERTY TO HIS NAME,

 

MY WIFE IS  WORRIED WHETHER HER SHARE OF PROPERTY CAN BE CLAIMED & THE PROCEDURE FOR THE SAME, AS PER THE LAW( 2005) FOR THE DAUGHTERS THEIR MUST BE PROTECTED BY RULES, BYPASSING THE WILL MADE BY PARENTS IN THE NAME OF SOME BODY WHICH IS NOT LEGAL CLAIMENT OF PROPERTY, AS HE IS THE SON OF THE OTHER PARTNER IN THE BUSINESS.

PRAKASH AGRAWAL



Learning

 8 Replies

niranjan (civil practice)     27 June 2010

Will cannot be effective till your father in law is alive.So if possible get the will cancelled by your father in law. If the firm is regd.partnership firm, get your wife included in the firm in place of her father.If the will is regd.get copy of the same from registrar office.If during that period father is under treatment,get cert.from the dr.Consult the local lawyer alongwith the will,deed of partnership to proceed with the matter.

Rajni (not applicable)     27 June 2010

Dear sir,

 

Unfortunately it is highly impossible to enter in their network & take out the required will & doctor certificate is also not feasible from Bombay hospital with out their conscent.

So  our current focus is on the right of my wife, being only  daughter , law for daughters of family, can protect her right to get at least one third of the total property( father, mother, & daughter) by passing father's will.
 & if possible then what is the process/ steps needed to be taken for it.

Rest of the legal claim can be filed afterwords if friutful.

 

Rajni

Bhartiya No. 1 (Nationalist)     27 June 2010

Also there is judgement that "for sound will sound mind is needed." of SC that I  will provide u later. U collect all the proof like medical prescripttions and other things which shows that he is not mentally sound. Better u consult any good civil lawyer. Follow the advice of experts.

Kuljit Pal Singh (Legal Professional)     28 June 2010

Dear Friend,

The Law u r talking abt is the law on Joint Family Property wherein the females can now claim the right of coparcenar. In case of Self Acquired Property, Father can legally dispose of his property as per his own wish. Further, In court it will take very long to challenge and set aside the alleged Will. I suggest u to take steps while your father is alive.

Regards

kranthi (retainer advocate)     28 June 2010

i agree with all above u can also file case of  partition the joint  property and get ur wifes share

Bhartiya No. 1 (Nationalist)     28 June 2010

If u afraid of entering into their network, then thing will be difficult for u. U may ask all the medical details thro' RTI act by sending thro' registered post. Also take some of your relatives into confidence, who can depose later on behalf of u. 

As per the Hon. Supreme Court "The propounder is reqd. to prove that the testator has signed the will and he had put his signature out of his free will having a sound disposition" by  bench of "Justice S B Sinha.

As situation described by u that memory has been lost partially will be helpful to you. U just collect evidences.

For him to thing will not be easier to prove the will.

Devesh A. Bhatia (Advocate)     04 July 2010

If your father in law is occasionally in right senses and you can make him write a new will during that time and it will replace the old will and new will would have power.  

sh chatt (agm)     19 September 2010

Kranthi is right. and think is positive direction only.


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