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

 

 

 

 

 

 

 

 
Reply   
 
Advocate

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.

 
Reply   
 


practicing advocate

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.


Total likes : 1 times

 
Reply   
 

I agree

 
Reply   
 

I too agree with Vishal ji and Rajeev ji.

 
Reply   
 
Advocate and Indirect Tax Consultant

I agree with vishals opinion. 

 
Reply   
 
Advocate and Indirect Tax Consultant

I agree with vishal and Rajivs opinions

 
Reply   
 
Advocate

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.

 
Reply   
 
Legal Advisor

I agree with Mr. Rajesh Kumar.

 

 
Reply   
 

I agree with Rajeev S vadrali and Rajesh kumar

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Join the MasterClass     |    x