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Murali Krishna Pratapa   04 April 2026

Self acquired property distribution after husband's death

I am male of 50 years old married and have kid of 17 years old. I have few self acquired property and few policies on my name. How to avoid partition of these properties to my mother as legal heir in case of my death. Means I don't want to give single penny to my mother as she is getting around 40k per month (pention + interests) consistently and also had own flat to live. My only sister may take her property not expected by my family in case of my death. Please suggest legal procedure for this.



 10 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     04 April 2026

1.  You have absolute freedom over self acquired property . You make a will giving 100 percent share to your wife and child clearly list all assets properties, bank account, insurance policy. Specifies entire estate to my wife and child only.

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     04 April 2026

Answered aptly by Mr. Agnihotri, alternately you can put your children name as nominee in policies.

kavksatyanarayana (subregistrar/supdt.(retired))     04 April 2026

The properties, both movable and immovable, are yours. So you can bequeath the same to your wife and son through a registered Will.

Advocate M.Bhadra   04 April 2026

You can legally exclude your mother from getting any share in your self-acquired property by proper estate planning.

✔️ Best option: Make a WILL

Execute a registered Will clearly stating:

Entire property goes to wife and child only

Expressly exclude your mother

Mention reason briefly (not mandatory, but helpful to avoid disputes)

Get it signed by 2 witnesses

Registration is advisable (though not compulsory)

👉 After your death, property will pass as per Will, not as per succession law—so your mother will not get a share.

✔️ Stronger protection (optional)

You can also:

Nominate wife/son in policies & investments

Convert property into joint ownership with wife (with survivorship clause)

Create a family trust (advanced option)

⚠️ Important points

Without a Will → under Hindu Succession Act, 1956 your mother is Class I heir, so she will get equal share.

A Will can be challenged, so:

Draft carefully

Prefer medical fitness certificate + video recording (good practice)

✔️ Conclusion

👉 Make a clear, well-drafted Will — this is sufficient and most practical.

Murali Krishna Pratapa   05 April 2026

Thanks everyone who answered.

Dr. J C Vashista (Advocate )     05 April 2026

If you have made up your mind to get your properties enjoyed by your son and none else, you may execute a registered Gift Deed in favour of your son. 

T. Kalaiselvan, Advocate (Advocate)     05 April 2026

I endorse the views of learned expert Senior advocate Vashista Sir, which seems to be most appropriate in view of your concern about this.

Thus, you can transfer your self acquired  immovable property in favor of your own chosen dependents, i.e., your wife and child or either of them by executing a conditional registered settlement deed with the condition that the deed will come into force after your life time and you will be having full rights over the properties during your lifetime except that you do not have the rights to alienate them after the execution of the proposed conditional registered gift settlement deed. 

As far as the insurance policies are concerned, even if you change the name of the nominee to your wife alone, the nominee is just a trustee to receive the policy monies in favor of the legal heirs and the nominee is required to disburse the claim amount to all the legal heirs as per the personal law of the deceased policy holder.  Therefore the nomination will not protect your interests in your movable assets, instead you can assign the policies in favor of your wife so that she becomes the absolute owner of the policy amount(claim amount) when the policy ripens as a claim.

Insofar as the FDs in bank is concerned you can add your wife as joint holder in all the FDs on the either or survivor basis so that the FD maturity amount shall be availed by your wife alone after your liefetime and the others cannot claim any share in it as a right.

adv. rajeev ( rajoo ) (practicing advocate)     11 May 2026

You can execute the rights relinquishment deed of the property in your son's favor, because property is  your self acquired property and in respect of policies, if your son is nominee he will be the beneficiary but his duty is to distribute the amount  to the legal heirs after the death of policy holder

Dr. J C Vashista (Advocate )     12 May 2026

Relinquishment can be done in case of inherited property, where as subject propoerty is self acquired by the author.

Movable properties can be covered by nomination of beneficiary, althougth nominee is just a custodian till it reaches the LRs of deceased in succession as per personal laws.

P. Venu (Advocate)     13 May 2026

The posting suggests deeper issues. Please post complete facts.


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