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Chandini (senior prof)     18 October 2009

Wifes share if husband already had will

Hi All ,

I need your help regarding my problem.

I got married 18 years ago , I already had a girl child and my husband had 2 children.From the begining we all could not share affectionate relation, results were the fights and hatered .

I have a daughter from this marriage.Now my husband is threatening me that he will not put my name in his will.

I have left my job and career ......now I am completely helpless.

Do I have any share in my husbands will if he doesnt mention my name(or share) in his will?

Are the laws same if something happens to him( his dealth) ?

Please help me........

Thanks & Regards.

Chandini

 

 

 

 

 

 

 



 12 Replies

A V Vishal (Advocate)     18 October 2009

If the husband doesnot give a share in the will, you will not receive even a single pie. However, it is not clear whether the property is inherited or self acquired property.

adv. rajeev ( rajoo ) (practicing advocate)     19 October 2009

If ur name is not in the will u wont get anything and during the life time of the husband according to hindu law.

U can also file a suit for partiton thru., your sons and daughters before making any will if it is ancestral property of ur husband.

U can also file suit for maintenance and get attached the property or take an injunction order as not alienate.It seems that properties are self acquired properties of your husband, he can dispose the properties according to his will and wish..

If husband dies intestate then you will get equal share along with your chidlren.

If the will is exeucted except you,  then no chance to you.

1 Like

Mani Narayanaswamy (Lawyer)     19 October 2009

I agree


(Guest)

I too agree with Vishal ji and Rajeev ji.

V.A.A.Ravikumar (Advocate and Indirect Tax Consultant)     20 October 2009

I agree with vishals opinion. 

V.A.A.Ravikumar (Advocate and Indirect Tax Consultant)     20 October 2009

I agree with vishal and Rajivs opinions

Rajesh Kumar (Advocate)     20 October 2009

A man cannot make a will for ancestral (joint hindu family) property. Even if any will is made for that property, it is not valid.

Yes, his individual property are his own. He is free to bequeath it in any way he wishes. You are yourself saying you didnt have affectionate relation with him. Thus he has every right to deny you any share in his property. If the children didnt treat his well, he can deny any share to them also. And I think it is justified also. No man is going to bequeath his property on somebody who didnt treated him well.

Off course, you are entitled to maintenance during his life time from him, for a man is supposed to maintain his wife irrespective of the fact that whether the wife treated him well or not.

Khaleel Ahmed (Legal Advisor)     20 October 2009

I agree with Mr. Rajesh Kumar.

 

K Satyanarayana (Lawyer)     13 December 2009

I agree with Rajeev S vadrali and Rajesh kumar

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     13 December 2009

 

 

I agree

Raghav Sood (Lawyer)     11 January 2010

wife has the charge of maintenance on the property of the husband and you being his wife  can create charge of maintenace on his property by filing suit for declaration for creation of charge of maintenace even if husband willed away the property it has no effect upon your right because will will be  held to be inoperative if it transgresses the law

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 January 2010

Ms.. Chandini. senior prof ,

You are entitled for maintainance from your husband, in case you are unable to maintain yourself. It seems that you are working in the capacity of senior professor. if it is so you will not get maintenance from your husband.

If divorce not take place in his life time then you will be entitled to receive her ancesterial property.

Regarding his will, he has the liberty to will his own earnings.

why are you hesitate to join her, when he calls you in this way. please reply positively to him.


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