Ramesh Kumar (consultant) 06 August 2021

Can husband give his ancestral property to his wife through

Dear tax experts,

Can a person give his ancestral property to his wife through a Will ? Do the children not have any rights over this ancestral property if the father has Willed the ancestral property to his wife ?

Thanks in advance..

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Quick Summary

This discussion explores whether a husband can leave his ancestral property to his wife via a will. While a father's share of ancestral property naturally passes to his wife upon his death, the ability to bequeath the entire ancestral property solely to the wife through a will is complex. It's generally understood that children have rights to ancestral property, and a will cannot typically disinherit them entirely from it. Seeking legal advice and potentially partitioning the property during the father's lifetime might be advisable to avoid future complications.

4 Replies

H.JanakiManohar Rao (lawyer) 07 August 2021

The ancestral property shall be shared equally among children and parents.It means both parents put together one share and rest children each one share.So naturally your father'share goes to your mother after his demise .She has got right over the husband' property.

Dr J C Vashista (Advocate) 07 August 2021

The ancestral property can be bequeathed to wife by execution of will, which would be applicable after his (Testator's) death.

The property shall be self acquired in the hands of beneficiary of the will (widow in this case), wherein his children shall be debarred from such property after death of the Testator.

Even otherwise widow has a right / share in the ancestral property left behind by her husband.

You have complicated the facts / issue, it is better to re-frame facts and re-post your specific query.

G.L.N. Prasad (Retired employee.) 07 August 2021

The children are also entitled for a share in ancestral property and through a will, a man can not bequeath the entire property to his wife alone. In such likely situation, the children must seek their share and seek partition during the father's lifetime to avoid likely complications.