Suresh Kumar Janu (Manager) 29 March 2015

Will made by husband in favor of brother despite wife surviv

Dear All,

Is a will made by husband in favour of his brother valid despite of wife survive? Also can this wiil be challanged even after 20 years by wife? Is there any limitation period to file a case in such a case?

Thanks

S Janu

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5 Replies

sandykrish (Interested in Family LAW) 29 March 2015

Yes it is valid. If the property is self earned, he has all the right to give to any one he likes. You will not have any option rather than settling the dispute amicably

yogesh aggarwal (advocate) 29 March 2015

Yes, Husband can made Will in favour of his brother despite of wife survive.

Will is a legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. Will is an untitled document which state after the death of person making.

However, the validity of Will can be challenged by Wife or any other legal heir of the person.

There is no statutory time limit for claims to challenge a will however, in the event of inexcusable delay, a substantial lapse of time, or acceptance of benefit given under a Will, the court could conclude that the claim should not be allowed to proceed