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Need Help... (MIS-Executive)     12 December 2013

Testament..... vasiyat

After Marriege i bought some property jointly with my mother... LIC Policy - 2 of mine in that nominies is my mother. Some Mediclaim Nominies is my mother. But 3 LIC Policy in my son's name. he is only 3 years old. in that Nominies MY Wife.

Now My wife going to file Divorce. And also she never use my name with her name after marriage she is using her parential name only. Obiously my son using my name. We both Separated in Mar 2013.

She is going to change my son name after divorce she is giving her name with my son name. it can be possible ?

Now my query is :

Can she asked share in my property ?

In 2 policy nominies is my mother ther is no issue but in 3 policy my wife is nominiee. what can i do so she cant get single rupees after my death... ?

If they both are not going to use my name after divorce can they are eligible for My all LIC policy mature money. ?

can i change nominee ?

Can i make my Testament ... (Vasiyat) so she cant claim any thing in my property or my Money. ?

Any age limit for making Testament.... (Vasiyat)?

Kindly suggest and Kindly plsss every one tell me if i m doing this , means i doing wrong... ?

If she is not bother about her and son future... what can i do... ?



Learning

 3 Replies

Reformist !!! (Other)     12 December 2013

Can she asked share in my property ?

>>> NO as per current law. But it is advised it sell it off.

In 2 policy nominies is my mother ther is no issue but in 3 policy my wife is nominiee. what can i do so she cant get single rupees after my death... ?

>>> Change the nominee name.

If they both are not going to use my name after divorce can they are eligible for My all LIC policy mature money. ?

>>> No, change your nominee name

can i change nominee ?

>>> Yes

Can i make my Testament ... (Vasiyat) so she cant claim any thing in my property or my Money. ?

>>> Yes, u can.

Any age limit for making Testament.... (Vasiyat)?

>>> NO

Kindly suggest and Kindly plsss every one tell me if i m doing this , means i doing wrong... ?

>>> No, u r right

If she is not bother about her and son future... what can i do... ?

>>> U r right, let her do legal begging 1st and then think on next course of action. she is on path of destroying 3 lives, u , ur son and herself. Let her do it and then realise what she did to herself and her son.

Adv. Chandrasekhar (Advocate)     12 December 2013

In law, there is a great difference between the status of "nominee" and "legal heir".  As far as the immovable and movable property, you acquire, they are self acquired properties.  You are the absolute owner of those properties till you live.  If you want those properties (both immovable and movable) have to be devolved in a certain way to some of your chosen persons and should not be devolved to some persons (like wife, children), the best method is to write a will and get it registered.  In that will, you can mention your immovable and movable properties and can well describe how they have to be distributed after your demise.  In the will itself, you can mention the names of your relatives including your  wife and children to whom the properties should not go.  Do not confuse yourself that mere mentioning the name of your mother etc. as nominee, she will be entitled to the whole property/amount.  It will go to legal heirs, if they are not barred by way of will.  Till the divorce is granted, your wife is one of your legal heirs and if you want to bar her on your self acquired property, the sure method is to execute a will and get it registered barring her from getting your property.  Even in the eventuality of your not get divorce also, she is not entitled to your property.  If you want that they fulfill certain  conditions, they shall be entitled to your property, (e.g., having your name entailed with their name etc.), you can put such conditionality in your will.  Lastly, whatever you do, in the case of granting maintenance pendente lite or permanent alimony, your self acquired properties will be taken into consideration without bothering the contents of your will to decide the quantum of maintenance amount. 

T. Kalaiselvan, Advocate (Advocate)     12 December 2013

Reformist answered all your questions properly; my question is a Will will come into force after the death of the testator, so during your life time even if you create a Will for the purpose of transfer of you property to the benefit of some x, it will not be operative during your life time and the properties will remain in the same status as they are now, so what is the use of Will now when you are forced to give a share in your property through some arrangement to your wife to get rid of her once for all on a later date?  Think twice before doing anything in the name of depriving her of the privileges.


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