Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vaibhav (soldier)     08 March 2010

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



Learning

 11 Replies

Parth Chandra (none)     08 March 2010

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.

Parth Chandra (none)     08 March 2010

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.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 March 2010

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 .

1 Like

Parth Chandra (none)     10 March 2010

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?

Parth Chandra (none)     10 March 2010

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?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 March 2010

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.

Parth Chandra (none)     10 March 2010

1) Aren't desertion and mental cruelty sufficient grounds for divorce?

2) Parmanent alimony will be granted only at the time of divorce...is it? Meanwhile interime maintainance will continue?

3) Divorce can be filed at my location or at her location?

Parth Chandra (none)     11 March 2010

Can anyone plz. answer?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register