Let me first explain the situation : Mr. A and Ms. B married in 1969. With their own earnings Mr and Mrs AB constructed their dream house in 1980 while Mrs. B was a simple house wife and property was in the name of Mr A. Mrs. B expired in 1984. In 1985 Mr. A got married to another lady Mrs. C. Now Mrs C was quite smart, she controlled Mr. A in each and every way, somewhat forced to sell house which Mr. A had in his name and new property is in the name of Mrs C. Mr. A and Mrs B had two sons… with Mrs C there’s no issue. One of these two sons Mr D is suffering from acute muscuar distrophy so he is handicap but due to constant taunts and bad behaviour Mr D had to leave his parent’s house and live alone.
Now comes my questions:
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Can Mrs C make a will and leave two sons of Mr.A and Mrs. B without any single penny? Is it possible in Indian law?
- Can two sons of Mr.A make any claim in new property coz new property was bought using sale proceeds of previous property where Mrs. B had her own share? In law Mrs B Had some share or no?
- Is it possible to claim any maintenance or something from Mr. A for Mr D who is a handicap and without earnings?
- Is there anything which Mr. A can do to put the property in his name again?
