Upgrad LLM

can widow make a will of property after her husband death


Its a case where in family settlement all parties got their share. "father, 3 sons, 2 daughters". The mother was not named as a party in the family settlement. The father received a house and its is written the family settlement that he shall be the owner of the property and no sons or daughters will have any right in it. the family settlement is signed by all the parties and it written the settlement form all the parties that they will not claim any other property except the received as per the family settlement. 

Now, the father died and the mother wants to make a will of the property received by his husband "i.e, father" in favor of third son. Since, as per the family settlement her husband received the house as his sole property with a note that no sons or daughter have any right or interest in that property. therefore, after the demises of the father the widow of rthe father will take the property. 

Can she make a  will of the above property.  

 
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Lawyer at Supreme Court of India

Dear,

 

Yes, she can.

 

Advocate Kapil Chandna

9899011450

 
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instructor

Yes she can make her will for that property.
 
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Did the husband leave a will?  If not you would have to MAKE A PETITION for letters of administration in the HC. If he has left a will you would have to probate the same. 

 
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Advocate

If the father died without leaving a will, the property can be devolved to his successors as per the Hindu Succession Act - Legal heirs are wife, 3 sons and two daughters - each is entitled to 1/6th share. The widow can write a will in favour of thrid son or for any one according her wish only to 1/6th share of the property for which she became owner after her husband's demise.  If she writes a will for the entire property it is null and void, becasue other sons and daughters have equal shares in the property.

 
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Advocate

I would like to being to the notice of learned advocate Mr. Chandrasekar that in the family settlement, it was clearly specified that after the demise of the father the property will be inherited by his wife, thus if the settlement was duly acted upon by taking possession of the house property by the father, on the basis of the same settlement's recital, his widow shall inherit the house property and once in possession, it becomes her absolute and own property, therefore she has full rights to execute a Will as per her desire or can dispose  the property in any manner she desires so.  the subsequent paragraph of the author is very clear about the contention for which above opinion has been given.

The contents are repeated:

Since, as per the family settlement her husband received the house as his sole property with a note that no sons or daughter have any right or interest in that property. therefore, after the demises of the father the widow of rthe father will take the property.

 
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I think the widow has complete right to take handle the will after her husband. You may consult with the professional dissertation help firm as they may suggest you the best step to do. I hope you may find a appropiate help.

 
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