Advocate Manohar Shetty

Questions Answered by Advocate Manohar Shetty

Q: Can wife make a new Will on behalf of dead husband?

My grand father has divided his ancestral property among my grand mother, my father, my uncle before he die. 7/12 had been also reflected with names. My uncle is forcing my grand mother to make will to transfer her property to his name post her death. I have 2 queries: 1. Can She make such will? 2. Can My father oppose or claim anything? Many Thanks in advance.

Advocate Manohar Shetty answered
For your first question regarding whether a wife can make a new Will on behalf of dead Husband, No. That cannot be done according to law. If he already has a will then after his death, that will shall take effect. If he did not have a will and dies (meaning he died intestate) then the law of succession according to his religion would apply.Your father can file an FIR on behalf of your grandmother that she is being forced to make such will.When consent to an agreement is caused by coercion (force) the agreement is voidable at the option of the party whose consent was so caused (meaning if she does make such a will then she can void the will if she so chooses).

Q: Cheque given by friend dishonored due to stop payment, what to do

I have taken cheque from my friend for helping in his criminal case financially around 4 years back but after that he left the place and now only giving false assurance that he will pay me back but when I deposit his cheque it got bounced due to stop payment . I have his family phone number what should I do

Advocate Manohar Shetty answered
I would advise you to send him a legal notice for recovery of dues. If he still doesn't return the amount due then you will have to initiate legal proceedings under Section 138 of Negotiable Instruments Act.