Legal Question in Family Law in India
Sir
My wife before marrying was an Indian National.Her father(Indian National)passed-away in India in 2008 leaving three(3) sons and four(4) daughters.During his lifetime he made a Will/Wasyatenama omiting his eldest daughter(my wife)name with the consultation of his legal sdviser due to the reason that she married to aPakistani national.If he puts her name as one of the legal heirs in this Will/Wasyatnama her share will be Confisicate by the Indian Govt.My Q is(A)Is this will as per Islamic Law/Indian Law fully acceptable or Invalid.One of my relative communicated to me that the court has Dismissed this Will and ordered to submit all their legal heirs names reason hiding one of his daughters name.(B) Is it true if she gets her shares Indian govt.will confisicate her shares.(C)Sir,how would I put this matter to the Indian Court to get justice for her.Your cooperation and advise will be highly apprecaited.
3 Answers from Attorneys
you let an application be filed on her behalf through a lawyer that she is also one of the legal heir. to my mind, the Hindu Succession Act or Indian Succession Act does not bar wife of a Pakistan national to claim her share that she is to inherit. it may be so that the sale proceeds of the share cannot be taken out of country. retain a lawyer discuss in detail.
My friend here in above has given his valuable legal opinion to a muslim lady about Hindu Succession act and Indian succession Act .Pakistani national cannot have any property in India or cannot inherit any thing from indian. This is the basic law . My suggestion is if you know the law then give opinion and not otherwise.Its only a suggestion.
i agree with Adv Gupta
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