Will

Sri Natarajan,

If the WILL says that his wife is entitled to his property absolutely, it implies that there are no rights in the remaining property upon her death, to his foster son. It will be the wife's decision to pass on the residuary property to this foster son or to give it to some one else.

Therefore the next line in the will is only to be treated as guidelines to his wife in the event she is unable to decide in her old age.

Thank you Mr. Kumar that you are supporting my Views.  Further I am searching for a Citation to support our views.  But it is not available.  If you have come across such citation to support our case, please enlighten me. My contact No:9443525230; mail ID: mnadvocate@gmail.com

my question as regard a will is:

1.  can a person in his will a property to his wife and put a condition that after the death of his wife shall be distributed equally between his 2 sons.

2.  can a person will a property to his 2 sons but withhelds the right of sale till his wife is alive or if they sell they have to seek her permission and give her 50 % of the sale proceeds.

are these 2 conditions legally sound or will they create legal problems in the future?

1.  can a person in his will a property to his wife and put a condition that after the death of his wife shall be distributed equally between his 2 sons.

yes, there is no bar in including such a provision.

2. can a person will a property to his 2 sons but withhelds the right of sale till his wife is alive or if they sell they have to seek her permission and give her 50 % of the sale proceeds.

Yes, such a clause is called restraining provision or conditional WILL. 

Both are valid in law.

Thank you Kumar t v s,

your answer and effort is appreciated.

just for my information-

is it a sound legal advice to make all the above legatees a witness of the will in addition to 2 general witnesses so that later when it is probated they cannot question the genuineness...

further

how much tax is there at the time a will is probated?

and if all the legal heirs agree to the will and accept their share does the will still need to be probated?

awaiting inputs.

Beneficiary to the WILL cannot be witnesses.

No tax but Court Fee is applicable for Probate proceedings.

Kumar Ji,

thank you for the speedy reply,

just so that it is crystal in my mind- what are the repercursions if a beneficiary is a witness in addition to 2 independent witnesses.

the court fee will be as per the net worth of the properties or as per the court fees act?

 and kindly enlighten me that if all the legal heirs agree to the will and accept their share does the will still need to be probated? as asked earlier.

awaiting reply

Sugam Puri ji,

You are an associate advocate i.e. you have done LLb, Sir you should know the repurcations when the beneficiary become witness to the same document. 

court fee act indicates what % of worth of property is to be paid. Therefore both are relevant.

Sir, probate proceedings is to avoid any disputes at a later date.

kumar ji,

indeed ive done my llb, but wills are still alien to me as i practice on the criminal bar.
 

thank you none the less you have helped sail my ship to still waters and i have gained much knowledge with your expeditious replies.

hope our dialog will benefit others as well.

During the life time of wife, If  she enlarges her life interest rights over the proeprty  into absolute rights as per the provision of section 14 of Hindu Succession Act ?????  .......... M.Rajkumar.vnm