Is will executed by wife (widow) valid?
Vijaya Bhaskar
(Querist) 20 April 2018
This query is : Resolved
Dear Sirs
My grandparents have 6 sons and 2 daughter.
My grandfather is a priest and he was given 5 acres of land in AP during his service as a priest.
After the death of my grandfather, my grandmother stayed with the elder daughter who looked after her welfare and health. My grandmother executed a will in 1993 in favour of her elder daughter for the whole property and all six sons were told to sign as witness and signed so.
1. Is the will executed by my grandmother valid
2. Does merely signing as witness by the sons deem to be relinquished from the property
3. Will not all six sons have the right over the property of their parents
4. Can a wife execute a will after husband’s death when the property is not self acquired by wife.
5. The property is not yet entered in the pass book yet.
6. Appreciate your valuable guidance and legal assistance in getting the share to all the sons.
SHIRISH PAWAR, 7738990900
(Expert) 20 April 2018
Will can be executed in self acquired property only. Visit your village office to verify the ownership name of the property.
Ms.Usha Kapoor
(Expert) 20 April 2018
THERE IS NOTHING ILLEGAL FOR A WIFE/WIDOW EXECUTING THE WILL IN FAVOUR 0F HER ELDEST DAUGHTER WITH RESPECT TO HER ENTIRE PROPERTY N0T WITHSTANDING THAT THE PROPERTY WAS SELF ACQUIRED BY HER HUSBAND. Registered.relinquishment DEED SHOULD HAVE RELEASED ALL THE SIBLINGS THEIR RIGHTS, TITLE AND INTEREST IN ENTIRE PROPERTY.>In favour of eldest daughter IF ELDEST DAUGHTER DOESN'T HAVE ANY 0BJECTION ALL THE FAMILY MEMBERS, HER SIBLINGS ETC ENTER INTO A VALID Family settlement defining share of each family member and register it so that no animosity or bitterness develops among the siblings.Consult a local civil lawyer.Thje family settlement so entered is final,conclusive and binding. on all family members who are parties to it.
Kishor Mehta
(Expert) 21 April 2018
If your grandfather did not make a Will, then all of his legal heirs are equal beneficiaries in his property. Just signing as witness in the Will of your grandmother shall not absolve the legal rights of the heirs.
Dr J C Vashista
(Expert) 21 April 2018
Since grandfather died intestate grandmother is one of the co-sharer (equal) along with all her siblings. She may bequeath her share in favour of any one.
