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selfstudyinglawstudent (law student)     07 October 2010

husband of seperated wife dies

if the husband of seperated wife dies and he has willed his property to his parents, can the wife stake her claim.



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 15 Replies

aflatoon dash (health)     07 October 2010

A wife without self respect and dignity would surely do that.She gives an ample evidence of her oppertunism.God save men from such woman who have nothing else but self pity.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     07 October 2010

If she is legally seperated then she cannot claim anything.  If the properties given to the parents by way of will by the son were his self acquired properties then also she cannot claim.  Will is valid.

1 Like

D.V.RamaKrishna (Advocate)     07 October 2010

you have not mentioned clearly whether the property was self acquired or ancestral and also whether the divorced couple have children born during their wed lock.

If the property was ancestral and they have children, then the children of the divorced couple have got a right in the property.

if the property was self acquired then husband can dispose of his prperty as per his will.

Renuka Gupta ( Gender Researcher )     07 October 2010

If we assume

 

The child, the couple had is during their wedlock.

The property is self acquired

The property is willed by  husband's parents or brother/sister

Divorce has not yet happened, case pending in the court or divorce may have had happened

Now 

If  husband dispose of his property as per his wish, where is the right of his minor child who has a long way to go to build his/her career? 

Renuka Gupta ( Gender Researcher )     07 October 2010

Selfstudying lawstudent I hope you would not mind my adding a few more queries to your main query. Since they are related hypothetical situation, I did not want to start a new thread. 

1 Like

Arup (UNEMPLOYED)     07 October 2010

"he has willed his property to his parents"

he has every right to will the self earned property to anybody, but not ancestrial property.

ignore the advices of ms renuka, these are imaginary, not based on law.

3 Like

Arup (UNEMPLOYED)     07 October 2010

"can the wife stake her claim."

SHE CAN CLAIM ANCESTRIAL PROPERTY ONLY.

2 Like

(Guest)

wat if this wife hatches a conspiracy to get her husband murdered after separation thru his relative who is a criminal. is she still entitled to property?

2 Like

Renuka Gupta ( Gender Researcher )     07 October 2010

I have not  given any advice, have I ?

 

I have just asked some queries myself on some possibilities. And I will be interested in replies from qualified legal professionals. 

I am really amused! Queries look like advise...and that non existent advise should be ignored. 

No issues at all!

1 Like

Bhartiya No. 1 (Nationalist)     07 October 2010

Arup, do not forget that  u r nothing here at LCI except 1 out of 85320 members. 

swatirswatir (learning law)     17 October 2010

TO COVER SUCH incident of a criminal bent minded female , most good lawyers prepare a will of their client at time of first motion or even before that.

2 Like

(Guest)

ya agree , this is always done where girl's motives for taking MCD out of blue from a contested divorce are suspected.also if her family background is bad husband is always advised to preapre a will to meet any such eventuaity.

1 Like

chanakyam (Consultant)     17 October 2010

Sony very well said.  for those who are unscrupulous wives, its better they should write a will , well in advance to safeguard his family from financial crisis.

1 Like

swatirswatir (learning law)     19 October 2010


sub SIFF experts advisory for HUsbands under process of MCD

SIFF experts have advised husbands waiting for 2nd motion of Mutual Consent Divorce to write their will to a relative or friend in case of their death.
there are some cases reported where some wives attacked husbands to become a successor.

1 Like

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