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Can a husband claim share in property if wife made will to nephew
13-Jan-2023 (In Property Law)
My father's aunt made a will on my father. Now my father's brother wants share on it he went to court. My father's aunt was uneducated my uncle cheated her by taking her property with her singnature later my father's aunt went to AC office taken back her property later made a will on my father. Now my uncle asking share on it. Will he get his share? Pls share ur advice
No, they will not get any share from her property. She made will in favour of your father, and your father brothers cannot get his share. But will can be challenged , so you get probate on same will. Consult me to further process according to law. Thanks.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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Dear Madam,
If the property in question belongs to your father's aunt, that is to say, if it her self acquired property and if she has left a will in the name of your father, then other than your father no one else can claim a right/share in it. I would advise you to file a caveat before the jurisdictional court in order to prevent any unwanted orders to be passed against your father by any courts at the instance of any partition suit which may filed by your uncle. Further it is always adviced that your father files for a probate and succession certificate before the jurisdictional court.
Regards,
Dilip
If the property in question belongs to your father's aunt, that is to say, if it her self acquired property and if she has left a will in the name of your father, then other than your father no one else can claim a right/share in it. I would advise you to file a caveat before the jurisdictional court in order to prevent any unwanted orders to be passed against your father by any courts at the instance of any partition suit which may filed by your uncle. Further it is always adviced that your father files for a probate and succession certificate before the jurisdictional court.
Regards,
Dilip
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Adv. Dilip Manivala
Bangalore | 25+ Answers
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