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Aman Batra   11 November 2017

Regarding will

Few months back I got married to a girl in Delhi. This is second marriage for both of us. First 2-3 months the girl stayed with me for 10 to 15 days. After that she went to her parental house and changed contact no. Me and my family are trying to contact them but no positive result. Though no demand yet I am expecting 498a or dv or both. I will fight that. My concern is in meantime if something happens to me she will get everything I have. Can I make a Will and give everything to my parents and brother. Can my wife contest that will after my death regards


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 7 Replies

Vijay Raj Mahajan (Advocate)     11 November 2017

Make a Will in favor of your parents/brother as you so desire and get the Will registered or Notarized to be kept in safe custody. The wife if she remains your wife till your death can challenge the Will no doubt about it and in order to overcome her challenge and debarring her to claim any share in your property, you must clearly mention about her being disinherited from all your properties and debarring her  to claim any share in your properties after your death.

Advocate Bhartesh goyal (advocate)     11 November 2017

If the Property belongs to you then you have every right to transfer the same by any one of mode Prescribed in law ,to any one as Per your wish.

Laxmi Kant Joshi (Advocate )     11 November 2017

If you have believe of your mother and brother loyalty then the best option is to transfer the property in your mother /brother name , it's your self earned property you can transfer / dispose of as you wish no one can claim or challenge it . 2 . Collect some of your both sides of common respected relatives and visit their home and find out the reason for her not returning your home , convenience her and make an amicable solution and bring her home there is nothing in unnecessary litigation , set aside your ego and move forward and save your married life .
1 Like

Aman Batra   11 November 2017

Thanks a lot. I have few questions in mind. 1,She leave with me only for 12 days. Can she claim alumni. 2, if I gift all my assets to my mom n brother before they file the cases, will it reduce any risk? 3, I am in IT sector, if I left job during this time will it reduce my burden

surinder mittal   12 November 2017

  Aman Batra     11 November 2017Thanks a lot. I have few questions in mind. 1,She leave with me only for 12 days. Can she claim alumni. 2, if I gift all my assets to my mom n brother before they file the cases, will it reduce any risk? 3, I am in IT sector, if I left job during this time will it reduce my burden

don't ever think of leaving the job...
if u had filed an application u/s 9, then it is advisable to keep a share for your wife in will (be ii any percentage as low as u feel justify)...

(all friends...please correct if I am wrong)

Vijay Raj Mahajan (Advocate)     12 November 2017

If she is unemployed and has no source of income she can claim maintenance and alimony from you even if she stayed for short period only. Why should you leave job just for avoiding her financial demands, after all from your you'll pay for your litigation expenses including lawyer's fee for court cases. You need not transfer any property in name of your mother or/and brother now because by no means your wife can claim any share in that property during your lifetime. I'm based in Delhi/Gurgaon and practicing in various courts in both cities, contact me for any help if you need. My contact details in my profile here.

(Guest)

Mr. Aman Batra,

ALaw is not meant for uncertain things or expectations. Events come first and law takes care of only after that depending upon the nature and characteristics of the event.

Moreoever, armament for any enemy attack is that, which may work at the time of need after seeing the nature of the arm used and its direction

If your wife changed her contact number, forget her for the time being, wait and watch for her future course of action.

If you do somthing in advance, everything becomes challengeable and can be termed as intentional, which may be easily proved against you as you would have made things easy with advanced actions for the opposite party to think on crashing your though perception.

Even otherwise also, how you are sure that any other person would not deceive you after transfer of property by you to anyone?

By the way, when you talk about will, do you think 498A or DV cases can kill you and also if will can remain unchallengeable even after your death. Even otherwise, there is no harm, if you want to transfer your property to your parents or any sibling in any legal way you like even without haqving concern with the expected cases of 498A/DV.

So, if there is any truth in your story, wait and watch carefully and cautiously will be the best option for you.

.


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