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Shashikant (Self employed)     27 June 2014

Legal stand on husband's movable and immovable property

Brief of the case -

Husband filed divorce petition at Nagpur when wife was in Pune, after retirement and after 14 years of marriage. Before the judgement of the divorce petition, recently husband died at Nagpur. There was no issue out of the wed-lock and the father and mother of the husband are no more. Husband was working in Judiciary as a District Judge. Before joining the judiciary he was operated for brain tumor and after joining judiciary also he was operated again for brain tumor. While joining the Judiciary husband produced wrong medical fitness certificate and hide the information about his brain tumor. Since year 2000 he was mentally out of balance. He could not even take his own decisions and think. Recently we came to know that husband had made Will.

  1.  If husband had not taken cognizance in his will about his wife then as a wife what will be the legal stand on husband's movable and immovable property?
  2.  In IDBI bank Nagpur Branch, husband has around 50 lac Rs and nominee is his sister-in-law and husband's nephew has produced the will in the bank and asked to freeze the account, then as a wife what will be the legal stand on this amount?
  3.  How can wife will get the copy of the Will legally?
  4.  Can we challenge the Will in Pune?
  5.  Is it possible for a wife to file a petition under Domestic violence act against husband's siblings for economic hardship as wife do not have her own hose to live?
  6. Husband has a 2BHK flat in Nagpur, but since we came to know that he had made a Will then what will be the legal stand on this flat in Nagpur?
  7.  When husband was alive Court has made interim maintenance order to give Rs.5000/- since when case was filed and Rs. 10,000/- from the date of the order. But after this order two mont's latter husband died and husband had not given the amount mentioned in the Interim maintenance order, then how a wife can demand this money legally?


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 1 Replies

Kumar Doab (FIN)     27 June 2014

 

The deceased can give away his self earned estate to any one as he pleases.

Brain Tumor may not render a living human being insane.

If you wish to contest the WILL you can.

The case has died with him.

 

If you demand the legal heir/beneficiary may deposit maintainance amount in court from payment if any he gets from deceased, from date of its order to date of death of deceased.

It shall be appropriate to get in touch with your lawyer/local lawyer with all docs on record. 


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