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San9991 (gm)     28 July 2011

Wills and succession

Dear Members,

Greetings to you all.

Require advice on this case.

Persons - Husband - H, Wife - W, Husband's mother - M, Husband and wife's daughter - D, Wife's parents - P.

Marriage (just names say H and W) happens between two of different religion but of the Hindu cateogory as per Hindu Law. One daughter is born out of wedlock after 2 years of wedding. After 8 years of marriage divorce is filed between them. H (husband's) mother is alive. W (Wife's) parents are alive. Assume that the divorce happens and all settled within 2 years.

During the time of just before the filing of divorce, H gets frustrated with life and marriage being a love marriage and on the verge of getting broken. He also transfers some property (money in his mothers account, a house in joint name (joint between H's mother and him)) all transferred to H's Mother. Remainig he keeps to himself for court charges and uses.

Assume all settlement as per court, between H & W is done.

Now the query is as follows

AA) with regard to a will - during this time, fearing that he may die incase of stress due to mental agony, he states that all property of whatever kind that remains after settlement as per court, should go to H's mother.

Is such a conditon stated in will - valid or not?

BB) Can at a future date i.e. after say 15 years hence, when H's daughter D is major- can D claim her interest or right or part of the property which was of the H before divorce 

CC) Can D claim any part or whole of property that was given to H's Mother M, before divorce, whether H survives or not and whether M survices or not.

Request please advice on this.

 

Regards



Learning

 2 Replies

kumar t v s (advocate)     28 July 2011

Dear San9991,

You have explained the relationships quit well but have failed to inform the status of the property in the hands of H i.e. whether the property belonging to H is self earned or inherited. I presume it is self acquired and in which case H can WILL the property to anyone i.e. to a stranger also and D can do nothing.

Kumar TVS

San9991 (gm)     10 August 2011

Dear Sir,

Regret to get back a bit delayed. Sir the wealth being referred to here is self earned by H.

Thanks once again.


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