Legal Question in Civil Rights Law in India

A man had two wives.

He had three sons from the first wife who died.

He married his second wife after his first wife died.

His second wife was a Christian and the man was a Hindu. They were married in an Arya Samaj Mandir.

He passed away in 1995 due to medical reasons (cancer).

Just before his death his youngest son attempted to kill his father twice. Due to his ill health the father settled with his sons by giving them money and ordered then to leave the house.

The sons left the house.

The father left a will stating that the youngest son tried to kill him twice and in addition stated that his second wife was the sole owner of all his assets (property and household belongings) and that none of the sons could challenge his final will and testament or the will and testament of his second wife (whatever she decided to do with the property).

The second wife passed away 15 years later due to medical reasons.

On her death the Sons and their wives came to claim the property.

The second wife had willed all her possessions to a niece (daughter of the second wife�s sister).

The house is currently occupied by the second wife�s sister and her daughter.

All legal papers (house papers, will of second wife and husbands will) are with the Second Wife�s sister.

The questions are:

1. Can the sons contest the will of the second wife and if yes then on what grounds?

2. Is there any way in which to stop the sons from contesting the will?

3. Can the sons take any type of legal action to have the sister evicted from the house?

4. What options does the sisters� daughter have in order to stop the sons from taking legal action to have the sister and her daughter evicted?

5. Can a stay order be put in place to stop the sons from taking legal action?

6. Any other advice you can give to help the sisters� daughter�s case?


Asked on 8/26/10, 5:44 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it depends whether the property was ancestral or self acquired. in case the property was self acquired, the sons cannot do any thing now but in case the property was ancestral, the will cannot take away the right of sons and they can seek partition of the property. once a suit for partition is filed, the stay would be granted. i would like to go through the will and all the relevant papers in order to suggest ways to strengthen sister's daughter's case.

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Answered on 8/27/10, 12:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The beneficiaries of the WILL may have a strong case in their favour. However, you cannot stop anyone from challenging the WILL. Pursue your litigation diligently and try to engage a competent / reknowned civil cases lawyer.

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Answered on 9/02/10, 6:15 am


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