Civil Procedure Code (CPC)

Will

This query is : Resolved 
 


Querist : Anonymous (Querist)
20 April 2021

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?


Sankaranarayanan Online (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 goyalOnline (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.


.

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.

kavksatyanarayanaOnline (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 VashistaOnline (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 singhOnline (Expert)
21 April 2021

agreed with views of earlier experts. therefore no further comments so far.
thanks

P. Venu Online (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 PatelOnline (Expert)
22 April 2021

Highly agreed with P.venu sir.

K RajasekharanOnline (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 RaoOnline (Expert)
25 May 2021

Venu sir has replied in a lucid way.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now











×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x