Problems in - will- ex-wife

Guest (Querist) 20 January 2012 This query is : Resolved
I m married to a divorced guy who has kid(son, 7 years old). Now we have a boy children who is 1 year old. My husband is paying maintance to his first wife n and his son. My father-in-law has so much properties. My husband has 2 sisters. My father-in-law want to give the entire property only to my Son. He doesnt like his daughters and he didnt accept the first wife's son.
1. Now my question is will there by any issue if he created a will in my Son's name?
2. Can my husband's sisters create any problem legally? (One sister have 2 children and other have no children)
3. Can his ex-wife/ son create any problem legally?

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ajay sethi (Expert) 20 January 2012
if properties belong to your father in law he cna by will bequeath properties to your son . make sure will is drfated by lawyer . get will registered .

sisters/ex wife etc may challenge will . but you have to take precautions as advised .

adv. rajeev ( rajoo ) (Expert) 20 January 2012
He can execute the will to extent of his share only, entire property he cannot. Daughters are coparceners.

Raj Kumar Makkad (Expert) 20 January 2012
1. There shall not be any issue as asked for.

2. As the property of your father in law is self acquired so question of objection from any quarter do not arise.

3. No.

Deepak Nair (Expert) 20 January 2012
If the property of your father in law is the self earned property, then he can do whatever he want with his property and nobody can claim right on his property. But if the property is ancestral, then all the legal heir has equal share and your sisters in law too have their share.

The son of your husband from first marriage can claim right on the ancestral property of your husband if any. But if the self earned property of your father in law is transfered to your son, then your son will legally become the exclusive owner of the property and no beody else can claim their share. They will not succeed iven if they claim the share through court.

Devajyoti Barman (Expert) 20 January 2012
rightly advised..

V R SHROFF (Expert) 20 January 2012
AJAY SETHI HAS RIGHTLY ADVISED.

UR FIL CAN GIVE BY WILL HIS SELF EARNED PROPERTY TO WHOMEVER HE LIKES.

prabhakar singh (Expert) 21 January 2012
MR.AJAY SETHI HAS RIGHTLY ADVISED.

Sailesh Kumar Shah (Expert) 23 January 2012
Agree on common views of all ld experts. no further additions required.

Advocate. Arunagiri (Expert) 23 January 2012
If it is a ancestor property, the grandson born to the 1st wife is also having the right.

If it is a self acquired property, he can gift it to any body.

Shonee Kapoor (Expert) 31 January 2012
Nothing left to say.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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