amita (advocate) 31 October 2009

will challange query

my query is husband and wife living seperatly for many years as after the retirnment of husband circumstances turns such as the husband strted living seperatly as he was of cruelty nature and several time gives beating to her wife when they live together out of their wedlock there are three sons and two daughters all are married and live at the place of their work now the situation is husband died by making a will of all his property to some other person not out of the family members and his wife is presently residing in home is in his husbands name and she is living their for the last 61 yeras and she is now of the age of 76 years as his husband seperated from her he constructed other house and he lives their and never maintained her wife during his life time and only her sons who maintained her till date as the husband was of cruilty nature and always remain indulge to harrass his own family and many times file false cases against his wife and sons which all stands dismissed and the will he made is just to harrass his family now what is the relief for family in this situation as the wife is living in home for the last 61 years and till she maintain the same and some other adjoined land and only source of her living . pl suggest how to claim right.

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6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 31 October 2009

Self acquired property can be given in favour of any person may he be within or outside of the family as has been done in your case. But the person in whose favour the will has been executed, has to establish the will before compeltent court of law to get it executed so better you immediately file a petition seeking successiion certificate of succession showing as if you have no knowledge of any wii and get the property probated in the name of your mother or all the legal heirs of your father.

(Guest)

Good suggestion given by Raj ji.

adv. rajeev ( rajoo ) (practicing advocate) 01 November 2009

if it is the self acquired property of husband then she has no chance. if the properties are ancestral she will get her share.

Y V Vishweshwar Rao (Advocate ) 01 November 2009

I agree with Mr Raj K Makkad

Yes - you and brothers & sisters and mother are successors of late father - he died - you are the first class heirs & successors - you claim throguth succession proceedigns or by partition of the proerties between your family members -

let the third party take his / her steps legally, if really a valid Will deed is executed by father it should be proved as required by law & established prinmciple !

amita (advocate) 01 November 2009

Dear Rajkumar sir thanks for replying now i need to now as mutation has been done in favour of wife and all children what should be done next shall we wait to file claim by will holder or we challange the will one thing i want to know that wife have no right over the property of husband as she is totaly dependant on that she is old and having possession over the house and land and she is the one who is maintaining the same without support from her husband any citation u can quot that can be helpfull m new to this and need ur valuable suggestion first.

M Satyanarayana (Stenographer) 02 November 2009

If the property in question is in dispute of partition with intestate will and partition suit is still active in High Court . Can either party construct house without the knowledge of other party or the concern Court when either one of them staying far off from the place of dispute. What will be the result on both the parties. In this condition what verdict will court offer. Can justice be done. When one party is already obtained stay order as well as status quo in the court.