family problem

@ Author


1. Your cousin now is a adult person / individual major age personality of her own standing first of all. We understand that elders in family shall be worried of the discoveries post cousin's marriage which are emerging out now. However the suggested way is to talk to your cousin in confidence devour of emotions and family politics showing the real picture of things which may come to hurt her in long run if such union may be continued !. If your cousin is mature enough and understand implications of such spouse given to understand her family's background she will herself find a 'just' solution and lead a happy life in comfrt of a reasonign family support to her.
Reasoning: After a child becomes major elders in family possibly may need only give “fallout / backup support” to major person(s) and not 'directions' as chances of history of revolt may writ large again and may be any bad consequence beyond repair may showcause. hence last line of above para 1 may be followed reasonably aka hosh & josh !

Hi,

My father passed away recently, he dint have any will....he had invested in mutual funds and lots in shares, The nominee for the same is my stepmother , does tht mean the she gets all of the same and we (class 1 heirs) have no claim to it, as she insists they atre all hers as per the law? Kindly help us with the law. We are all residing in Delhi.

Hi,

My father passed away recently, he dint have any will....he had invested in mutual funds and lots in shares, The nominee for the same is my stepmother , does tht mean the she gets all of the same and we (class 1 heirs) have no claim to it, as she insists they atre all hers as per the law? Kindly help us with the law. We are all residing in Delhi.

My Step mother suddenly came out with a will which was made 25yrs back when they got married stating tht all my father owns should go to her....DOES THAT STILL HOLD GROUND???? CAN THT BE CONTESTED??

Tejaswi,

This is a legal marriage, which can end with annulment or divorce.

If the guy had misrepresented about his cases and background, it is a case of annulment. Otherwise, if they both want, they can go for mutual consent divorce.

However contested divorce solely on these grounds is not possible. I request you not to put any false cases with an intent to coerce the man concerned for divorce.

Besides, WE WANT, does that mean the will of the girl is included in it???

@needhelppls.

It is settled in law by the S.C. on several occasions that the role of nominee is only to facilitate to receive the amounts on behalf of all the legal heirs.  So, even though she was made nominee, she is not entitled to enjoy all the amounts.  She can receive it, but distributed among legal heirs in accordance with the law.  You have to move the court for succession certificate and there you make her respondent and claim for your share and you will get it.

If there is any will, which is 25 years old and later on your father has not made any further will, then it is valid.  But, if you feel that the will is not genuine and fabricated, you have to challenge the will.