Legal Question in Family Law in India
Will
I am from Hindu Family. We are only 5 members in a family i.e my father, my mother,myself, my wife & my younger brother. Unfortunately 5 years before my brother ran away from home and got married with my real uncle's (my father's elder brother) daughter which my parents didn't like. Morever my uncle's family is very culprit and cunning and having very cheap type of mind . They are too very notorious in their colony. After marriage they also got one daughter which is 4 yrs old .Now my brother also want to leave his wife as he is also repenting for the step he has taken 5 years before becoz daily there is a very serious fight and disputes between them & there is a lot of intereferance of my uncles family in their life. But his wife is still maintaing relation and dont want to give divorce under my uncle instruction to my brother in the hope that they will be getting the share in property which my father & mother owe. So now pls suugeest me that what type of WILL my father & mother should made in my name so that my brother's family and his successor got completely de-owned in every respect from the will and they have no right to claim their share in the property in future for the safety of our family.
5 Answers from Attorneys
Re: Will
good evening
in this case u can always make a will with an succession certificate issued in your name
Re: Will
if the property is self acquired, your father is entitled to make a will of his choice; he may disentitle any person he likes from his estate;
the marriage with father's brother's daughter is not valid under Hindu law;
Re: Will
you can exclude your brother and his family from getting any right he has over his father's self acquired property but unfortunately his share in the ancestral property is always reserved there for him! you can consult a lawyer to draft a will according to your father's instruction!
Re: Will
I have already sent my reply to these query by email i.e. to [email protected] vide dated 24-6-07
Re: Will
if the property is self earned by ur father then he just need to make a will giving the rights to the person he want and specifically excluding the ones he dont want. get the will registered and that it
do one more thing for safety that get the notice printed by ur father in newspapers that your father has disowned him from his property.
if the property is ancestral then you have to do something different.
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