Legal Question in Family Law in India

my wife is staying with her parents and wants divorce.

i am alone .

i have financial assests which she have an eye to be her after my death.

i didnt want to give her a penny as she ditch me and makes my life hell.

after my death who will be the owner of my assests like car bank account govt fixed deposit.

we have no children.

i have only brother and sister all are married. i lost my parents.

i want that all my assests to be given to my brothers only after my death.

what is the procedure.

is she can claim my propery after my death.

still there is no divorce case filled.

whatever she brings with her she took along with her when she leaves me.

pls tell me what i will do so that all my assests after me. transfer to my brothers only.

and she cant claim after my death that its her right as she is still my wife.

i got suggestion that you wil your property in yr brother name by witness your wife and register the will .

but i know she will not become witneness as she had eye on my propery. any other way to register the will without her witness.so that she cant claim my property


Asked on 3/02/11, 2:22 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Why dont you Divorce her ? as she wants to divorce you as mentioned by you. why are you taging along with her ? There are ways in which you can transfer the property etc. to your brother either before or after your demise , But please answer my questions first.

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Answered on 3/02/11, 2:44 am
Vishwa Arya Arya & Co.

Sir:

No matter what, whether divorced filed or not, if you have decided or if she has decided to not to live with you, then you may write your WILL in favour of any one you desire to be the beneficiary. It is not necessary that your wife has to be the Witness. It would have been better if she had been witness. But, since seperated, it is perfectly legal if you have any other two persons as the witness. Witness should not be the beneficiary. Getting it registered is an added advantage. If you have change of circumstances, you can always change the WILL. You may write your WILL as many times as you desire. But every time revoke earlier WILL. it will be your last WiLL which would be read and executed. Once you have taken care of properties which appears to be your major concern, you may handle the issue of divorce in one way or the other

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Answered on 3/02/11, 3:04 am


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