Legality of will.
pramod
(Querist) 26 June 2012
This query is : Resolved
Respected Experts,
Following excerpt need valuable advice;
Self acquired property of parents and do wish to bequeath only to daughter in order to avoid unwarranted claim of daughter- in- law due to family discord with their son. But at the same time parents wish to give equal share TO AND between son and daughter. Parents wish to know a perfect legal ground to save and avoid a possible claim of daughter- in- law in future.
Hence, thinking to have a mutual WILL between the parents in respect of ownership based on their survival. What could be the outcome if the said WILL even mention the equal share of son by the parents? Whether daughter in law can legally challenge the said WILL as of her right as wife? Kindly provide a solution.
Thanking you all for contribution.
Rajeev Kumar
(Expert) 26 June 2012
Self acquired property can be transfered to any one as neither son nor daughter have right in the said property. The daughter-in-law have no right in the self acquired property of her in laws. If it is transfered to sons then it will be his exclusive property and daughter-in- law can't claim for a share in the property whether it is ancestral or self acquired during the lifetime of her husband. She can only claim of maintenance out of that property from her husband.
ajay sethi
(Expert) 26 June 2012
agree with rajeev kumar . on son inherting 50%share in property daughter in law has right to claim . she can claim right to stay in shared hoousehold .
c.p.s. ramachary
(Expert) 28 June 2012
I also agree with the views of Mr.Rajeev Kumar. Self acquired property can be disposed of by way of will. No one can raise objection. Further there can not be imaginary mutual will. Parents can make will in favor of their son or daughter or both jointly or seperately. Property devolves to the beneficiary of the will only on death of the makers of the will. Hence no will can be made by the beneficiary favoring the deceased parents in advance without acquiring any right from them through the will.
pramod
(Querist) 01 July 2012
Respected Experts,
Thank you so much for your valuable guidance.
Warm Regards to all.
