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Legal topic: Civil Law | City: Ghaziabad | Posted on 30 Nov 2017
 
Dear Sir - My paternal uncle (father's real brother) was a divorcee, divorced by district court ruling in mid-1980s. His ex-wife and his daughter jointly (please note: his daughter was an adult/major aged 24 years and unmarried at that time) filed a suit against him in the district court for maintenance and share in ancestral property, which carried on for almost 10 years. 

In the late 1990s, a compromise was reached between both parties, wherein both the ex-wife and the daughter (then aged 33 years and still unmarried at the time of compromise settlement) agreed to take a lumpsum amount/payment from my uncle as a one-time full and final settlement towards their property share/maintenance/marriage and future livelihood, and completely forfeited their right to any movable or immovable property/assets. Both the parties fulfilled their obligations as per the settlement reached, the lumpsum amount was paid to the ex-wife and daughter with their explicit consent through Demand Drafts via the honourable court, and the ex-wife and daughter and left the city to settle in another place. This agreement and settlement was accepted by both parties, and became a part of the decree and final order, passed by upper district court in late 1990s. 

Later sometime after the settlement, the daughter got married and is now living with her husband and mother in a different state for almost last 18-20 years, and had no contact or relation with my paternal uncle since then. My paternal uncle has since been happily staying with me and my father, and we have looked after him and his health since last 20+ Years.

Earlier this year, my paternal uncle expired due to old age. My paternal uncle left his registered will solely in my name, and cited the divorce and one-time settlement to completely deny his ex-wife and daughter of any share in his assets or property in this registered will filed with the registrar office. The ex-wife and daughter don't have any possession of property either, and for the last almost 18-20 years, they have never disputed or objected to the court approved settlement so far.

Now, the ex-wife and daughter are blackmailing/threatening us that they will file a suit in court for staking claim to the husband's property/assets as descendants of first category, which they say make them legal heir and inheritors of my paternal uncle. Keeping in mind the above facts, I want your legal advice on the following specific points:

1.) Which Section/Sub-section of the Indian Law (marriage and inheritance related), bars the ex-wife and especially daughter from staking a claim to my late uncle\'s property, considering the above factors in our favor? Kindly specify the exact law details.

2.) There must be some rulings from High Courts and Supreme Court, which must have dealt with similar cases in past. Please specify the exact SC and HC rulings/judgements, which reinforce our position, and bar daughter's right to stake any claim.

Many Thanks in advance for your guidance and help.
Status: / 3

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