Dear Lawyers & Field experts,
I request you to help me to have clarity on the legal facts/required next set of actions on below case. (I feel it as bit complicated on explaining this, tried as much as possible)
Mr.X was married with Mrs.Y and they did not have child for some time. Due to the personal issues, X & Y mutually separated and legally not divorced (guess in late 1960’s).
Then, Mr.X married another lady Mrs. Z, but Miss. Y did not marry anyone & had a male child A. She declared on legal records that the father of the child as Mr.X. But, X did not accept this and did not allow his first wife or the son of Y to meet him/seek heirship on his wealth.
Mr.X & Z had no children. In 2011, son of Y filed the civil case against Mr.X and demanded for the legal heirship & share from Mr. X’s wealth. X sent the legal notice to A & call for DNA test. A has not agreed for the DNA test & the case was dismissed.
Mr.X registered the WILL & given his assets (gifted by his father/grandfather-Not the ancestral properties) to his second wife Mrs.Z and in 2012, Mr.X passed away.
Around 2013, Mr.A (Child of Mrs.Y) filed the civil case against Mrs.Z and demands his right on Mr.X’s wealth and the case is still pending.
Recently, Mr.A starts enter into the Agri land on Mrs.Z (derived from Mr.X through WILL) and trying to do cultivation. Also, attacks the labor of Mrs.Z and steel the high value worth of timbers. Mrs.Z files the police case and police warns A to not to create issues until he gets the legal directions from Court. But, A does not stop his actions further.
Now, questions here are,
- what are all the set of actions Mrs.Z can take against A & his team to safeguard her assets?
- Seems there was a medical certificate to prove Mr.X was unfit to have a child (impotent). Now, who has to prove their side, I mean, “A as he is the son of X” or “Z as A is not X’s son”?
- Is there a way, Mrs.Z can have permanent Injunction against A & his team to safeguard her assets?
- Can Mrs. Z sell the assets from Mr.X for her medical/survival needs (She is her 70’S), Should see seek permission from Court since the case is pending?
Thank you very much in Advance!
