Inherited property vs self acquired property


When my father-in-law died, he left no will. My wife and her brother were the two natural heirs to his property. The two of them drew up a partition deed dividing the assets of the deceased with approximate values of the immovable assets divided as per the then succession law  in force at that time. Over a period of years almost all the assets have been sold and converted into shares and FDs. These have grown over several decades into considerable monetary assets. My wife has no independent income other than from these monetary assets. If she writes a will allocating some of these assets to persons other than her natural heirs, can it be disputed by her natural heirs, that it was not permissible as the assets have grown out of her inherited property?
 
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LEGAL

Since is self sufficient to give ,sell or transfer her share in any's name. As the property is owned now by conversion.She can make will and property shall be divided only acoding to that. But if you have apprihensions then better to make a gift deed . Otherwise non can challenge her will . Just make a will deed and register that before the registrar court. Proceed don't worry.

 
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Thank you.

 
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Dear querist,

The property described by you is now your wife's self acquired property and she is competent to make will with respect to person other than natural heir. 

Regards,

 

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Property received by Wife, via a registered Partition Deed, would be classified as "Self-Acquired property" (under the Transfer of Property Act) and confers on her "absolute Title-Ownership" of the deceased's property, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

2. By virtue of the above, Wife is the solely and legally entitled to Will /Sale /Gift/ Lease /Mortgage /Donate /Whatever .... to ANYBODY, without any legal reference to other her legal heirs and nobody shall have any right to stake claim on her "self acquired property".

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Executive

Christian women property
 
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Lawyer

It is self acquired property of your wife and she may dispose it off or execute a will.

It would be better to consult a local prudent lawyer for better appreciation of facts, professional guidance and necessary proceeding.

 
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Thanks all of you. I have been fully answered.

 
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Advocate

Once she acquired any property and subsequently she converted the same into liquid assets i.e., FD or any other deposit, the same belongs to her as her own and absolute property.

This applies to immovable assets too.

Therefore it is her own will and wish to gift away the entire property or a part of property to anyone of her choice even to those who may not be related to her in any manner.

No body can question her authority over this decision.

 


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Advocate

You are welcome for your appreciations.
 
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