Transfer of property as per will
Querist :
Anonymous
(Querist) 07 July 2021
This query is : Resolved
Dear Experts,
I have a query. Mr. X has purchased a property from own funds. He is married with 2 children.
Can he write a WILL that after his death, the property should go to his mother and not to his wife or children.
What are the rights of wife in a self acquired property?
SHIRISH PAWAR, 7738990900
(Expert) 07 July 2021
Hello,
The property is self-acquired so the husband can will his property in the name of his mother and his children and the wife cannot have any claim over the property.
Advocate Bhartesh goyal
(Expert) 07 July 2021
If X is absolute owner of property then he has every right to transfer the property by gift,will or sale to anyone as per his own choice,no any other person (may be wife or children )have right to make objection in this regard.
kavksatyanarayana
(Expert) 07 July 2021
Mr.X has his self-acquired property. So no one has the right to it and he can do it as he wishes. So he can execute a Will in any favour.
Dr J C Vashista
(Expert) 08 July 2021
I agree with experts, being absolute owner you may dispose it as you wish.
P. Venu
(Expert) 09 July 2021
Yes, you can. But is this an unusual situation? If your mother predecease you, the Will would be rendered void and the laws of inheritance would govern your property if any, left intestate.
The posting suggests deeper issues.
T. Kalaiselvan, Advocate
(Expert) 14 July 2021
A person owning his self acquired property has got absolute rights over it with clear and marketable title to the property.
This enables him to transfer his proeprty to anyone of his choice whether his mother or anyone for the reasons he rely upon, and the other people cannot claim any share in the property as a right.
Therefore he can very well bequeath the property on his mother's name by a Will.
