If husband make a will
Rajan Shashikant Patel
(Querist) 06 February 2018
This query is : Resolved
Respected sirs,
my sister is living separate from her husband since last more then 7 yrs. They have a son (21) and a daughter (16) living with her mother. son is living with his father ( earlier son was also living with his mother ..but , since last 2-yrs. He is with his father ). My sister and her daughter is living in a house which is in her husband’s name , and he is also giving Rs. 10,000/- in cash for their (mother and daughter) house hold expence and livelihood . my sister is running tiffine service and some tailor job to cover the expences of daughter’s study. Since last 2 months my brother in law ( her husband) has got cancer and since then he is thretaning my sister that she has to vacat the house as he has transferred the house in his mother’s name . he also holds 2 more houses out of them one is in his brother’s name and the other he has bought in his son’s name. He is also threatening that he will make registered will mentioning that after his absence the half pension should go to his mother and he will make sure that my sisiter will not get a paisa out of his belongins. He being the central govt.class one employee (income tax inspector ) no lawyer in our town is willing to take our case . my queries are
1- do my sister needs to vacat the house ..? .. what if he forcibly take the passesion
2- what is his responsebilities as a father towards minore daughter’s study and marriage etc.
3-can she file a maintence case against him from other city ..? .. what maintence can she ask for ..?
4- if he makes any will in that case what are the laws to protect her .
plz. Guide me
Vijay Raj Mahajan
(Expert) 07 February 2018
The husband owning properties in his sole name can always dispose these during his lifetime or make Will after his death. However a Wife can always claim her right to residence from the husband and if she is living in the matrimonial home being self owned by the husband she can always get injunction order from the court under the Protection of the Women from the Domestic Violence Act,2005 against the husband not to vacate her from the house nor dispose it till the wife is living there.
As far the maintenance for unemployed, non-working wife and daughter is concerned that too the husband/father is supposed to provide. The responsibility of the father doesn't end by just paying nominal amount of maintenance to daughter but the responsibility to provide her education which is her fundamental right and even help her to be maintained till she doesn't get married and is unable to maintain herself is also on the Hindu father under section 20 of the Hindu Adoption & Maintenance Act,1956
The wife and children can claim maintenance from the husband/father under various provisions of law that he won't be able to refuse. The petition for maintenance can be filled from any city/district where the wife/children are living at the time the petition is being filled.
Now coming to important issue that local lawyers, timid bunch are not taking up the case of the wife just because the husband happens to be Inspector in the Income Tax is the most funny thing I hear. The true professional lawyer are never afraid of any person whoever he or she may be because the lawyer is an officer of the court, any harm brought to him will amount to contempt of court that can even result in imprisonment and loose of job for the husband.
Kumar Doab
(Expert) 07 February 2018
Which personal law applies in this case?
Are all involved Hindu?
Confirm!
Kumar Doab
(Expert) 07 February 2018
The owner of estate (e.g; your BIL) can dispose his/her self earned/acquired estate in his lifetime by a valid/registered deed say; WILL in anyone’s favor even a stranger.
The employee has to sign nomination in records of hi/her employer….e.g; PF, Gratuity, Pension per rules…………
Inquire discreetly in whose favor nomination is signed.
During the lifetime of your BIL try to settle all issues amicably and with involvement of elders of the family, neutral well wishers, shrude negotiators…….and check if your BIL is willing to sign Nomination………..gift/settlement deed in favor of your sister and her daughter. If he is suffering from cancer ( any stage) he may agree as good sense may prevail, with some effort.
If all involved are Hindu then per provisions of the enactments being father he is liable to provide for education and marriage of daughter (even in future date if she is unmarried).
He has to maintain the spouse and unmarried daughter.
How would you establish the house etc in the name of said brother is actually from proceeds of your BIL?
All Lawyers/Law Firms in the whole town are unwilling?
It is unbelievable!
If IT is true that all Lawyers in said town are like that then pls post the name of the Town..
Kumar Doab
(Expert) 07 February 2018
You may check again with very able Senior LOCAL counsels of unshakable repute and integrity specializing in Family/Civil matters and having successful track record.
Such counsels are undeterred even if OP is violator/offender even if a Judge, Lawyer, Law Firm, ……..leave apart a I.Tax Inspector.
Your sister may even approach DLSA for free legal aid and you will see that your BIL being I.Tax Inspector does not matter.
Your sister can even think of proceeding as PIP.
She may approach employer of her spouse if things are out of control…………
If everything effort has already failed then try as suggested above and act ASAP.
Dr J C Vashista
(Expert) 08 February 2018
Your sister may be advised to contact, consult and engage a local prudent lawyer for filing suit for permanent injunction for creating third party interest in the property owned by her husband.
Besides this, she should claim maintenance either u/s 19 of the Protection of Woman From Domestic Violence Act, 2005 or u/ 125 Cr PC or Section 18 of Hindu Adoption and Maintenance Act.
