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Originally posted by : anoop |
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Can anyone suggest :
Husband and wife are leaving happily married for the last 11 years and are having a Children (boy) of 9 years old.
Husband comes to know that he's suffering from mouth cancer and got treated at the hospital.
After discharge from the hospital husband got cruel and making false allegations against the wife and he's threatening wife that he will make the will in the name of his wife and his brothers and shall not give even a single penny to wife or his children all under the influence of his mother.
Husband bought 1 flat after the marrige and is in the name of his only and nominee is his wife.
His father also dies because of same type of cancer and without will.
what steps can be taken to stop making the husband from taking this steps to deprive his wife and children from all his and his father's property and other assets. |
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1. If the child's Grand Father died (due to mouth cancer) without leaving any WILL, then in that event only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by the child's Grand Father.
2. The self acquired property (1 flat that you say) can be disposed off by Husband (your client's mouth cancer patient husband) as he wishes whereas the ancestral property cannot be. He can WILL his self acquired property to any one in his lifetime inspite of his wife / son alive.
3. In your case it is not clear from your enquiry how child's grand father purchased the assets and how you termed it is "ancestral property", HOWEVER in reason scenarios
A - if it is purchased by the grandfather from his own earned money then it is his wishes to disposed off while in reason scenarios
B - if the same is purchased from family money then only it be called as ancestral property.
Now whatever the case then was;
In case of above A none of A and B are entitled to file any case against grandfather.
In case of above B both of A and B are entiled to file as suit.
4. When the child's grand father died without leaving any WILL, the properties wouldl go by way of "inheritance" to the eligible legal heirs.
Thus in that case above A and B cannot claim any rights / shares in the same.
BUT, in this query where is the husband shown to be dead ? He is still alive, Oh you are future proofing it, Now I get it 
