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Nagesh (Working)     25 March 2009

Wife is eligible Husband Property????

Hi All,

We have one House Property in City Limits , which is fully Self accupied by us not for Rent, which is Reg in the name of my father,my question is

1. Whether my father can make a will in our name (myself and younger brother)? and what is the legal implication for will?

2.Or my mother signatory also required for will?

3. Whether she have any rights for the same property.??

 

Please explain asao>>>>>>>>>>. Thanks in advance

 

Regards,

B.Nagesh

 

 



Learning

 8 Replies

Y V Vishweshwar Rao (Advocate )     25 March 2009

 


It is better to give details -Self Occupied is not sufficent - and details to  to be  mentioned


The nature of acquisition  of proerty by your fahter & Religion ,  is to be  mentioned in  your query   


Self acquired proeprty or ancestral Proerty---- ?


If it is Self Acquired proeprty of your father he can dispose the proerty as he like by sale , gift , will Deed   


Your father & You have  a responsiblity to provide residence  and maintainance  to  your mother . She  is entitled to such rights on the proerty of your father property & Family proertieds,whther it is self acquired or ancestral propertry


The  Will Deed with out any provision for wife's  residnece and miantances leads to disputes .  I advice  to discss with your mother &  family members .


 

Nagesh (Working)     25 March 2009

Dear Sir,


Thanks for the details,


 My father only purchased That Property from other party, Actually my father planning is divide in to 2 & make the will deed.


My mother and father will stying the same property but this will deed for future days.


 


 

adv. rajeev ( rajoo ) (practicing advocate)     25 March 2009

from ur question it seems that it is self earned property of ur father.  He can make a will in ur name and ur brother name thru., will or thru., regd., rights relinquish deed.  Ur mother's consent is not necessary.


Ur father can make a will.  If it is unregistered it has got same value like registered will.  both can be challenged.


Ur mother has no share in the property. 


If wife wants share in the property she has to file a suit for partition along with her son or daughter, in hindu law wife cannot seek for partition.


Will comes in to play only after the death of the testetor.

n.k.sarin (advocate)     25 March 2009

In my opinion Mr.Rao is correct.

V.V.RAMDAS (Advocate)     25 March 2009

Mr Nagesh,


 As the "Will" is conserned - Your father can write anybody's name he likes , because it is his self aquired property. In this regard I agree with the contention of Mr Rajiv.

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2009

my fiends are right. now you should relax on legal aspect

R RAMESH (ADVOCATE)     11 September 2009

To avoid future disputes and to uphold natural justice a portion of property may be earmarked in the will in the name of wife for her maintenance. this will take care of the wifes dailyneeds in case both the sons abondoning mother at a fiture date.

Ramesh

Advocate

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     10 November 2009

 

 

 

 

I agree with Mr.Rameshji.


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