Can my father will ancestral property to anyone he wants while he is alive and is the will enforceable after he dies? — Sameer Shreshtha
If the property is ancestral, that is, it has been passed down through four generations, your father does not have the right to will it to anyone. You and your siblings will have an equal right in the property by virtue of birth. You can claim your share of the ancestral property even while your father is alive. Your father can only will a self-acquired property to anyone he wants, not ancestral property
I have been separated from my husband for the past three months and have filed for divorce. Meanwhile, he has taken out all the money from two of our joint bank accounts. I have no source of income and he is refusing to give me any money to support myself. Is there anything I can do to get my share of the bank account money? — Deepti Vadhera
In case of a joint bank savings account, any holder can withdraw money from it irrespective of the partner who has deposited money in it. You cannot claim this money back. However, during the divorce proceedings, you are entitled to, what is known as, interim maintenance from your husband. If you are unable to support yourself financially till the divorce is final and settlement is made, you are legally entitled to claim interim maintenance. If he refuses to give you money, you can approach the court.
I have been married since 2010 and my father died without making a will. Now my brother is claiming that I don’t have a right over our father’s self-acquired property because I am married. Is he right? Can I make a claim over the property? — Vidisha Kumari
The fact that you are married has no bearing on your status as a legal heir to the property. Since the property is self-acquired and your father died without a will, you and your brother are considered Class I legal heirs, and as such, have an equal claim to the property. Hence, you can stake a claim to the property in a court of law.
I am a guarantor for my brother for a home loan he took in 2015. Now, he is unable to service the EMIs due to the losses he suffered during the pandemic. Am I liable to repay his home loan?— Vivek Sharma
If you are a non-financial guarantor to the home loan, you don’t have the liability to repay your brother’s loan. If, however, you are a financial guarantor, you have the same liability as your brother to repay the entire loan, along with the interest and any late fees or penalties that are due. As such you will have to repay the loan.
Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.
