Maintenance after Husband is no more

Dear Author,

I want to ask some questions from u. U can call me at 9871158578.

Dear Author,

1. In first scenario (maint. cases and hubby dies in-estate) she will contest the estate left behind by husband and she has rights over them as per last years Hon'ble SC laid Law.


2. In second scenario (will related) wife "will contest" the estate bequeted to minor to control and be appointed "guardian" of the child. Guardianships and Wards Act read with HAMA has such particular provisions. Yes, wife can get expenses to run the interests of the child and even can sell the properties via permission of the State in the best interest of the child.


If you want to understand reasoning part to above independent scenario 2 advice then search Sh. G.P.Mittal, DJ n SJ 1, Tis Hazari Courts judgment of 2009 by logging on to Delhi District Courts judgment sections and for first scenario if it really urgent then whistle otherwise search at website of SC under Judgment sections using different keywords.


Rgds.

Respected Arunkumar Sir,

I can't understand that why husband is duty bound to maintaine the wife and child after death? Is this the law that a person can't disburse his properies (particularly self earned) with his will after even death?

As per my understanding, If husband dies and has a will then no one can obtain the properties except the intended one (particularly self-earned property).

Till the child reaches to age 25, Wife being a sole parent should be held responsible to maintain the child or should give the child to husband's family and live long happily! Is it not so?

If above is the case then how to prevent money/property from going to wife after death and to ensure that the money/property goes only to the child after certain age (assuming that the child would be out of the mother's influence and would be able to think of her own by then).

I am really very eagrly waiting for a air-tight solution to this for my own case. Kindly reply.

1. Then why the husband married just for s*x kya if he can't leave behind his estate for maintaining his wife and child after his so called death is answer to your frivolous que to above second post opening sentence. Go into the root of the issues and solve them first then thinking on larger 25 years picture as asked in total by you.


2.  Yes, he can write a will that is all the Law says but those wills could be challenged too is the under thought he should have kept in mind before writing that will thinking of next 5 years / 10 years / 20 years and so on so forth by parties whose interest he left un-protected. This is rejoinder to your next two sentences of second post.


3. Consult a ld. Advocate to draft then register the will as your last sentence of second post is full of confusion made in spur of the moment without understand how matrimonial and succession Laws works.  

4. For your third post, in Law there is nothing called air - tight / fool proof especially  in "matrimonial Law" so no need to reinvent the wheel, all depends on various evolving needs / rights / duties / factors of spouse alive or dead or people left behind to look for / care for.  BTW, don’t you think somebody need to be appointed guardian of a child and if no one is appointed then automatically wife being natural mother to the child has all the rights to rear / upkeep the child as well as control the left behind estate by contesting the will so what is so wrong in it that one needs to understand how does a rocket fly !


Advised to search LCI members database and consult a family court advocate who will guide you in all these as your questions are too "innocent / contentious" to be solved in absence of understanding basics of Law in a interactive platform. You have a right to differ to my independent opinion here but that is the short and sweet rejoinder to all your questions n other Ld. members may have their independent say to you which all are welomce reliefs :-).

Rgds

Hmmm.....Then the only solution seems is to transffer/sell property/money to appropriate relative.

NO, solution to all issues / problems do exists legally only thing needed with your questions / planning is to get in touch with the right matrimonial advocate.  All the best. Rgds.

what a great luck of this lucky husband - who is 'no more'.

if divorce do not take place, then she as a widow receive all properties of her decased husband.

if one nominate or donate or give the properties to another person, then also it is risky because there is no gurentee that the said person will do job according to the desire of the decased.

therefore sh. arun ji's advice -

"get in touch with the right matrimonial advocate"

is the best policy.

please read 'grab' instead of receive.

Once the will is written and registered with the Sub-registrar of assurances the terms of will must be prevailed.

Kindly prepare will with proper consultation and get it registered because challening un-registered will is easy but if the will is registered, it will not be easy to challange the will.

Please also cite reasons for appoining someone else as custodian of your movable and immovable assets (for your child) instead of your wife .

Dear Sirs, can any tell me how to search for advocate of my need among the members. There is no search option that i could find. Also I want a matrimonial lawyer preferably working in and around Navi Mumbai.

Transferring the property is the only solution

If he made will then he must be asured with witnesses for getting probate of will