shivi (legal associate) 24 December 2015

Property (will)

Hi All,

I need a quick advise. If a married person during his lifespan makes his will (property) in the name of some other person other than his wife and children. Then in that case what rights a wife can claim in the property.

Please advise ASAP its urgent.

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14 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 25 December 2015

To answer U quickly,U have not mentioned the status of the property,whether self acquired or ancestral?

GANDHI MOHAN BHARATI (Pensioner) 25 December 2015

If it is self earned, he can will the property as he pleases.

shivi (legal associate) 25 December 2015

Self property means wife cannot claim anything no rights for her

shivi (legal associate) 25 December 2015

Is there any option available for wife or children to claim

shivi (legal associate) 25 December 2015

Please suggest if there. Is any option available for wife and Childern to claim anything

Adv.Yashwardhan Tiwari (Advocate IPR Associate ) 25 December 2015

No not at all....

siddhartha sinha 26 December 2015

What is the matter precisely? No one can give accurate advice unless some details are known?

shivi (legal associate) 26 December 2015

In reply to last comment actually in one of the family head of the wants to write his will in the name of some third party instead of his wife and Children. It is family heads self earned property. so I need suggestion if wife or children in any way claim their right in the property or any other option available for wife and Children hope u can advise. Your advise is appreciated.

shivi (legal associate) 27 December 2015

Someone pls reply. On this asap its urgent

K.S.Srinivas (Advisor (HR)) 30 December 2015

self-acquired property can be bequeathed by a WILL to any person of his choice. Wife or children have no right to claim that property if he has written a will in favour of a third party.

K.S.Srinivas (Advisor (HR)) 30 December 2015

A person can be bequeathed his self acquired property by a WILL to any person of your choice. Wilfe or children have no right to claim in case he has already written a will in favour of a third party.

GANDHI MOHAN BHARATI (Pensioner) 31 December 2015

Please take counsel of elders and well wishers to give something to wife & children and get it registered as irrevokable gift. Otherwise, I am sorry to say, You have NO othewr legal option

T. Kalaiselvan, Advocate (Advocate) 03 January 2016

A self acquired property can be bequeathed by the owner to anyone of his choice, he need not take permission or consent from his wife or children for this. The only criteria is that the testator should have marketable title to the property.