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Syed Rauf Ahmad   13 November 2019

Ref wife property

My Wife just die on June 24, 2019 I am having two sons I live and work in Saudi Arabia she enter in coma situation before I reach India on June 22. 2019 but her brother and sisters maybe by force asked her to write will as per there demand is it legal if the husband not in India


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 3 Replies

Sb Karma   14 November 2019

Originally posted by : Syed Rauf Ahmad
My Wife just die on June 24, 2019 I am having two sons I live and work in Saudi Arabia she enter in coma situation before I reach India on June 22. 2019 but her brother and sisters maybe by force asked her to write will as per there demand is it legal if the husband not in India

 

when she wrote,,,date is important

And if she was sole proprietor then she can write it to any-one without your presence.But every clause needs to be read carefully,may be there are some loopholes,which can help you.

So for this please go through local lawyer,he will help you best.

G.L.N. Prasad (Retired employee.)     14 November 2019

Unless coercion is established in a declaration suit in a court of law, any person writing a will of his/her self acquired property is legally valid..  You are careful in not mentioning her rights,  beneficiary, and relationship with the deceased.  If she has written will to your children, there is no harm as it is the duty of the mother to safeguard the interest of her children suspecting likely remarriage of her husband after her death.  (In olden times, after the death of the mother, relatives insist that properties must be kept in the name of her children)

P. Venu (Advocate)     01 December 2019

Who are the beneficieries of the Will? Moreover, under Muslim Law, Will cannot be made for more than one-third of the property.


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