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chanakyam (Consultant)     17 October 2010

Will by husband to any of the relative valid?

Hello experts,

If any husband writes a will of his total movable immovable properties on the name of any other relative except wife.  Whether wife or his children is entitled for any property, in case husband not alive?



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 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 October 2010

If it the self acquired property of the husband, he can make a WILL  and very well exclude his wife and children and bequeath it to any person of his choice.

adv. rajeev ( rajoo ) (practicing advocate)     17 October 2010

During his life time husband executes the will of his properties in the name of other person,if properties are self acquired, it excludes the share of the wife and children of the deceased.  He can dispose of his self acquired properties as per his will and wish.

chanakyam (Consultant)     17 October 2010

Rajeev Sir,

you mean to say, When husband is alive, that time also he can execute the will and give ownership of his properties to other person except wife?  Can wife object that legally?

R.Ramachandran (Advocate)     17 October 2010

Dear Mr. Chakyan,

The properties are of two kind - (1) self-acquired and (2) ancestral.

If it is a self-acquired property of the husband, he is its absolute owner and can dispose it of in any manner that he likes - no one including his wife or children can question his actions.  He can gift away the property to any one that he likes - say to an Ashram or to a complete stranger etc. 

But if it is an ancestral property (i.e. the property which he got as a share from his ancesters i.e. father / grand father etc., by way of partition) then he will be holding it in trust for other co-parcenars like his son etc.  His entire family i.e. wife, son and daughter have interest in it.  That property he cannot at all give either by way of gift or through WILL to anyone.  However, if that property is partitioned, that the share which falls to his portion, will become his individual personal property (equal to his self acquired property) and he can dispose of his share in any manner that he likes - he need to give it to his sons or wife.

If the same ancestral property, if it was not partitioned, but comes to him upon the death of his father, in that event it is his inherited property and again becomes his absolute individual property (equal to his self-acquired property) and he can do anything with it.

chanakyam (Consultant)     17 October 2010

Hello Mr. RAmachandran Sir,

Its very clear explanation, thanks..!

I too thanks archana ji, and rajiv sir for their inputs


(Guest)

If he gives his self acquired property to someone else, declare him mad and then the Will will become invalid.


(Guest)

Thanks R.Ramachandran

You have cleared all the doubt.


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