probate
Querist :
Anonymous
(Querist) 24 March 2011
This query is : Resolved
how can woman who has never worked was a housewife make a will of land and house built in her name by her husband?
is this property not benami property of her husband?
Devajyoti Barman
(Expert) 24 March 2011
Her husband can bequeath his property to any person he wishes.
adv. rajeev ( rajoo )
(Expert) 25 March 2011
When property stands in the name of woman she becomes the absolute property of her. Her husband cannot dispose that property according to his will and wish. If he wants to do so first he has to get it transferred in his name thru., regd., deed, otherwise he cannot do during the life time his wife.
G. ARAVINTHAN
(Expert) 25 March 2011
If she own land and house, which were bought in her name by her husband, if not contested by her husband,, deemed to be her self acquired property
n.k.sarin
(Expert) 25 March 2011
No doubt the property is benami one. If the husband has no objection for the will, she can make it .There is no legal impediment, making of will of the property which is her owen name.
R.Ramachandran
(Expert) 25 March 2011
Once a person spending money creates a property in any body else's name, then that property would belong to the person in whose name it is created. This is despite the fact that not a single paise was spent by the person concerned in acquiring the property. It would be deemed to have been gifted to the person concerned by the party who is funding it. Therefore,if the property stands in the name of the wife (whether she is illiterate, not working, not earning, good for nothing etc. etc.) still she is the absolute owner of the property and she can dispose of the property in whichever way that she wants. She need not take anybody's permission (including her husband's) or consent or approval for doing so.
V.Mahadevan
(Expert) 25 March 2011
Documents of evidential value such as registration particulars in revenue records and payment of property taxes with respect to the house, all in the name of the woman, hopefully, are available. In such an situation, the WILL should suffer no infirmity.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 March 2011
It is not benami , once the title is in the name of wife she is absolute owner and she can dispose it off in the manner she likes.
Dayananda Gowda
(Expert) 26 March 2011
Under section 14 of Hindu succession Act, the property purchased in the name of women, it considered as her self acquired property.
Querist :
Anonymous
(Querist) 26 March 2011
thanx for the information.the problem is the woman died 10 years ago and the will has surfaced now.there are no witnesses nor any date of execution.will it be valid
