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Can any Will restrict any divorced women to get share form her husband
08-Jul-2023 (In Family Law)
I beling from a hindu family ....i got married in 2008 as my second marriage but we dont live together after 2011..reason being i have business in indore and she has government job as a teacher in up . Also we dont have any children .ous relation was not good even from the start .....i also asked for divorce but she delayed that ...though we dont have mariage certificate. I want to ask about my property as i have one property in my name costs almost around 1cr. And some property in my parents name ..what should i do so that she is not able to take any part of my property .....i have made a registered vasihat in the name of my brother and nephew if the situation arises ..will that vasihat valid if something happens ..cam she claim my property ...can the court still give the part of property (even after making vasihat) to her ...though i dont have mention anything about her in vasihat ...also not why we arent living together ...suggest if this is full proff way or if not suggest the way . What can be done ?
By an earlier order dated 15.5.2009 [reported in Suraj Lamp & Industries Pvt.Ltd. vs. State of Haryana & Anr. - 2009 (7) SCC 363], -------------------the ill - effects of what is known as General Power of Attorney Sales (for short `GPA Sales') or Sale Agreement/General Power of Attorney/Will transfers (for short `SA/GPA/WILL' transfers). there cannot be a sale by execution of a power of attorney nor can there be a transfer by execution of an agreement of sale and a power of attorney and will. these kinds of transactions were evolved to avoid prohibitions/conditions regarding certain transfers, to avoid payment of stamp duty and registration charges on deeds of conveyance, to avoid payment of capital gains on transfers, to invest unaccounted money (`black money') and to avoid payment of `unearned increases' due to Development Authorities on transfer.
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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