Will

Querist : Anonymous (Querist) 20 April 2021 This query is : Resolved
My relative has made a written will. He had expired. As per his will, his wife shall be the heir of the house after his death, after the death of his wife his two daughters shall have fifty fifty ownership. His wife is alive and she want to make a will that after her death this house may be given to only one daughter. Can she do it so?

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A wife who has been granted a life interest in a property, as stipulated in her deceased husband's will, cannot create a new will to change how the property is divided after her death. The original will clearly states that the property will be shared equally between their two daughters after the wife's passing. Therefore, she does not have the legal authority to bequeath the house solely to one daughter, as this would contradict her husband's final wishes and could be challenged in court.

Sankaranarayanan (Expert) 20 April 2021
your question is confused quality. Explain properly
if all legal heirs are having equal rights then the mother can write her rights to her daughter/s

Advocate Bhartesh goyal (Expert) 20 April 2021
Wife has not been given absolute ownership by her husband Wife should honour the last will of her husband and as per her husband's will wife can't execute her will contrary to her husband's will. As per husband's will after demise of his wife property rights will be devolved to his daughters equally.Even if wife execute will in. Favour of one daughter another daughter after sad demise of wife can challenge said will in court of law.

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Pradipta Nath (Expert) 20 April 2021
The willed property of the wife is not her self acquired and therefore she is not the absolute owner; may be she is the one to enjoy the property during her lifetime! She can alienate her one daughter only from her self acquired property. Please do remember that a will which is not done in self consciousness or done out of influence can be challenged in any Court of Law.

kavksatyanarayana (Expert) 20 April 2021
to me, the Will has to be verified to the contents of the Will. So take a suggestion from a local senior Advocate showing the Will for further guidance.

Dr J C Vashista (Expert) 21 April 2021
Show the document of "Will" to a local prudent lawyer for appreciation and professional advise as the facts posted are vague and confusing.

ashok kumar singh (Expert) 21 April 2021
agreed with views of earlier experts. therefore no further comments so far.
thanks

P. Venu (Expert) 21 April 2021
Facts posted suggest that wife has only a life interest, the property would devolve upon the ultimate beneficiaries, ie. the daughters after her lifetime. There is no question of the wife making a Will or otherwise disposing of the property.

Shilesh Patel (Expert) 22 April 2021
Highly agreed with P.venu sir.

K Rajasekharan (Expert) 22 April 2021
The query seems to be clear and Mr Goyal and Shri Venu have answered it clearly.

The query shows specifically that the ownership of your relative’s house has not been devolved on to his wife but only vested with her till her life term, and his two daughters will jointly own the house after the death of the wife.

Since the wife does not own the house as per the Will she has no legal authority to write a Will in regard to this house. She cannot change the percentage of property devolved on to the daughters or alter the division of property set out in the Will by any means.

venkatesh Rao (Expert) 25 May 2021
Venu sir has replied in a lucid way.

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