Legal Question in Family Law in India
I am posing this question again as the reply was not satisfactory.. I got married in 1989 and seperated in 1990. The divorce papers came through in 1992 without any clause of alimony as there was no progeny and my ex-wife was employed. I am the only offspring to my parents and in 1991, my ex-wife had entered into a tacid agreement (Registered document) with my father to sign a will bequeathing all immovable assets he possessed at that point of time including that which he acquired from his father in her favor. He passed away in 1994 before which he had informed this to my mother and instructed not to divulge any of these matters to me.
Ever since little or nothing was heard from my ex-wife. In the meanwhile I have put up a super structure in the place where we resided. I also sold one of the mentioned properties. Based on the death certificate of my father, furnishing an affidavit, I easily transfered all that which was in his name to my mother's name (not through court however, only through the municipal corporation as is usually done) Ever since then i have not remarried. Now she has emerged from nowhere to either stake a claim based on the WILL that she had obtained in 1991 or restore congugal rights. I do not possess a copy of this Will neither does my mother. The identity of the witnesses on this Will are also not known to me. Besides all this she keeps calling me HONEY and HUSBAND whenever she speaks to me on the phone.
1) To protect and safegaurd the above mentioned properties and to ensure that we continue to have an absolute ownership what is the legal recourse to be taken? 2) What is the power she has based on this Will to stake a claim on properties that rightfully meant to be my mother's? 3) Does she have any right over my ancestral property? 4) Does this Will have any legal binding? 5) What is her chances of restoring conjugal rights.. i hate her! 6) Can she claim alimony besides the Will she has obtained?
1 Answer from Attorneys
Based on the facts given by you, the reply to your queries are- (1) Did you apply for and obtain a succession certificate from the local court; if not, you should do so asap, (2) She has to file an application in court for probate of the alleged will without which she has no rights - when she does file such an application, you should contest same asserting that your father left no will and alleging forgery, (3) No, she has no right over your ancestral properties, (4) The will should be contested as and when probate application is filed, (5) since divorce has been granted, the question of restoring conjugal right does not arise, (6) she cannot claim any alimony after laapse of such a long time.
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