nkk (engineer) 24 March 2012

Will

Mr. A wrote in his "will" that his wife will be the "owner" of properties after his death and none else. He further wrote that after his wife death, whatever is left behind by HER, the son will be "owner" of the properties. After one year Mr. A dies. The question is -

1. Can Mrs. A sell the property as she is the "owner"? If yes, then Mrs. A can write a "will" also, for the properties. Correct?

3. If Mrs. A writes the will, who will be the owner of properties? Mr. A son or the person Mrs. A has mentioned in the will?

4 As I understand that anybody can write his own "will", but cannot write "will" for anybody else. In above case, Mr. A has written "will" on behalf of her wife too. Is it correct and legal?

Experts may please give advise. Thanks in advance.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 24 March 2012

It is a conditional will. A has not written a will on behalf of his wife. It is his will . It is very clear that if any property left by the wife, son will be the owner.

On the basis of the will she can sell the property.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 March 2012

He has not given absolute ownership to his wife - she is made only a life interest holder - she has interest in property only as regards enjoying it she can't dispose it off by sale or will etc.

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nkk (engineer) 24 March 2012

Dear Adv. Rajiv Sir,

Thanks for your quick reply. I appriciate too much. But need more clarification, please.

Since she is "owner" after the death of husband, she can sell/ gift/ transfer the property (in lifetime), then why she can't dispose off by way of will? "Will" is also one of the rights (given by law) of the "owner"? Please note that it is clearly mentioned in the will that she will be the "owner", not life interest holder.

I am not objecting to your reply, but I want to convince myself. Thanks again, sir.