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Gagan Bhatnagar (Freelance Finance Consultant)     18 February 2013

Save women

As per the Willsigned by my father-law and handed over to my wife for further execution entitles her to share 50% of propery/belongings/cash etc.with his Grandson.  The will was written on plain paper in his own handwrting but was not got witnessed.  Now, during 2010 my father in-law sold the property and aksed his son to share the same with his sister (my wife) but he refused to make any payment out of the proceeds and disowned any relation with my wife, before sale he also sold the hoseholds and acquired other cash and jwellery from old aged father.  In our knowledge father did not wrote any other will.

My questions are:

1. Whether my wife who is fighting for her rights, can fight the legal suit for recovery? If no, what are the other remedies available to her in such case?

2. Whether any criminal case can be filed against her brother for such forceful sale andacquiring the assets of his father, without permission of other heirs?

Please guide me how a women protect her rights, because she has lost all relationships and the money which here wather and mother wants to give her for her old age support/ exigency.

-Gagan Bhatnagar



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 4 Replies

Sanjeev (Lawyer)     18 February 2013

if the property were sold during the time when the FIL was alive the will does not come into picture. 

Gagan Bhatnagar (Freelance Finance Consultant)     18 February 2013

The property was sold during his life time, alhough the will is not a valid will, can she still claim her 50% share in her father's moveable assets acquired by her brother without any consent of his father

Sudhir Kumar, Advocate (Advocate)     18 February 2013

even if will does not come in picture still she can claim share from proceeds.  The relations seems ot hav ealready gone and there is nothing to lose.

Gagan Bhatnagar (Freelance Finance Consultant)     18 February 2013

Yes the relations already he broke, will u assist her in getting her rightful dues? if yes, suggest me..


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