Wife's right in Husband property

You can execute the Will at your discretion for the property that is vested with you.. But the facts posted suggests deeper issues. 

It is believed that you are all Hindu.

The applicable personal law and IT’s provisions do matter.

When the said property was purchased in your name, you were minor or major?

The funds used to buy said property in your name were self earned/acquired or ancestral in nature, in the hands of your father?

Confirm!

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly and see how and how much gets vested in in each legal heir ( ClassI legal heirs have 1st right).

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority shall update share as per provisions of personal law that applies in mutation records.

The authority under whose jurisdiction property falls has a set procedure for such matters if a valid  WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask NC from legal heirs and/or ask for newspaper publication inviting objections and/or write to legal heirs to submit objection if any in a set time……… If there are NO objections/contest to WILL the authority may transfer the ownership per WILL to the beneficiaries………..If there are objection the WILL lands up in probate court of pecuniary jurisdiction….

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

The title holder/owner can dispose his self earned/acquired estate by a valid WILL in his life time in anyone’s favor be IT even stranger.

Therefore per se, being title holder you can dispose the property whose title is in your name by a valid WILL.

You have surrounded your query with some other points hinting to rights/share of wife.

Your intention as in query is genuine that you want to distribute your estate amongst your family members that include your ClassI ( Mother, souse, children…), II legal heirs ( Father, Brother)…..

The WILL is to be duly acted upon without any cloud on IT after death of testator, to pass the ownership of estate to beneficiaries (as in the valid WILL), as bequeathed in the valid WILL.

Simply said if the WILL is not duly acted upon without any cloud on IT, it may be mere piece of paper, and once IT fails the succession may set in.

In that case ClassI legal heirs have 1st right for equal share. If ClassI legal heir(s) are present  ClassII legal heir(s) have NO share.

If there is NO dispute now and if there is NO dispute after the death of testator while the WILL is submitted to O/o Authority say; MC…..to be acted upon per process/procedure/provisions ……..the authority shall transfer the ownership to beneficiaries.

The WILL that satisfies conditions of law should succeed to be acted upon without any cloud on it.

IT is better to register the WILL (if you wish mention boundaries) and the legal heirs may sign IT as witness (es). The testator may give certified copy of the WILL to legal heirs/beneficiaries and obtain acknowledgment. This can help to claim that WILL has been in the knowledge of legal heirs/beneficiaries.

Any WILL can be contested.

If contested the WILL may land up in probate court of pecuniary jurisdiction and court shall decide the matter on facts/merits. 

It is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras.

It is not mandatory to probate the WILL in other areas.

Husband can give his income from salary to wife to manage household and even for personal expenses.

Wife can give her income from salary to husband to manage household and even for personal expenses.

In cases of dispute (which are not part of your query, however it is felt that a mention can be made for the purpose of illustration) if any arises, the earning spouse is liable to maintain non earning spouse.

The property given to a Hindu female becomes her absolute property.

Go thru:

14. Property of a female Hindu to be her absolute property.—

https://indiankanoon.org/doc/685111/

and decisions by courts of law in Republic of India.

The monies collected from spouse and used to buy property can be contentious issue and facts/evidences of the matter may matter, if any outside the courts for amicable settlement or left to the wisdom and unparalleled powers of the courts of law to adjudicate the matter based on facts/evidence and merits.

Wife has NO forced share in self acquired/earned estate/property of her husband, Father in Law, Mother in law, Brother in law…..

Wife is NOT a Coparcener in ancestral estate/property of husband.

Son/daughter, grandson/daughter has NO forced share in self acquired/earned estate/property of father, grandparents…..

Son/daughter, grandson/daughter has share in ancestral estate/property of father, grandparents…..

Ancestral Property; should be four generation old……………………..e.g; acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter………………or inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Property from mother’s side is not ancestral…..

Show the mutation records with all link docs, income over years and contribution to the family/household/estate/property etc etc to a very able senior LOCL counsel specializing in testamentary/succession/civil matters, give inputs and discuss to draft the WILL with proper narration as deemed fit.

You may also discuss the options of Registered Family settlement deed that may leave NO scope for future litigation.

If you are apprehending disputes in future then you may consider other perspective; If you wish, sell the entire state and distribute proceeds as per your wish or buy separate property(ies) in names of individuals of your choice and let the individuals posses IT and enjoy IT.

In your life time you can plan and arrange for welfare of your family members and do your best to ensure there are O disputes and family remains united, however dispute in future cannot be forecasted and anyone and anybody ca rake up a dispute and agitate before lawful authority, courts of law ……and matter is decided as per irrefutable facts/evidences……………

Hence you can do what you can………Arrange to do your best, so that (disputing) parties realize that they shall get nothing from dispute and you have already rationally distributed your estate……………………or if the matter lands up in court of law ………………..your last wish is declared supreme, justified, valid and without any fault or error.