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T.V.MANIAN (SENIOR MANAGER(Retd) Nationalised Bank)     06 October 2010


1.whether a husband and wife can write a will jointly?

2. If one of them dies , what is the status of the will during the life time of the other?

3. If the property mentioned in the will is jointly owned by them(a part of the property  which is inherited by the husbandis gifted by the husband to the wife).

4. what is the treatment if the property above mentioned is self acquired?

5. What is the treatment given to the will, if the benficiary of the will is one of the legal heirs alone 


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 October 2010

Will , will be interpretated as per the contents of the will.

Suchitra. S (Advocate)     06 October 2010

Manian Sir, 

1. Joint will is possible.

2. If one of them die earlier, the Will will be dealt with according to the wordings of the will. 

3. Inherited property cannot be bequeathed/ gifted through will.

4. If it was self acquired, then the gift to his wife will be valid one. 

5. Property can be bequeathed to one of the legal heir if it is a self acquired property.

1 Like

Mugundhan (Lawyer)     06 October 2010

Respected Suchitra Madam, could you please elaborate the provision of law which says that inherited property cannot be disposed off by a Will. Thank you.

Suchitra. S (Advocate)     06 October 2010

Mugundan Sir, Indian Succession Act speaks about this.

Mugundhan (Lawyer)     06 October 2010

@ Suchitra Madam, can you please state the exact section/s, of the Indian Succession Act regarding this. Thank you.

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