Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Natarajan M (Advocate)     15 October 2011

Will

A husband executed a Will in favour of his wife absolutely in favour of his wife.  In the next line he has stated after the life time his foaster son should enjoy the property absolutely.  But there is no word of  "Life Estate" for the enjlyment of wife of the testator.  The husband and wife had no issues.

My interepretation of the Will is that the wife is inheritted and enjoy the property absolutely.  During her life time if thing is left, that should be enjoyed by their foaster son. 

The foaster son now claims that the wife is having only enjoiyment right rill her life time.Whether he is correct.



Learning

 10 Replies

kumar t v s (advocate)     15 October 2011

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.

Natarajan M (Advocate)     16 October 2011

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

Sugam Puri (Associate Advocate)     19 October 2011

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?

kumar t v s (advocate)     19 October 2011

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.

1 Like

Sugam Puri (Associate Advocate)     19 October 2011

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.

 

kumar t v s (advocate)     19 October 2011

Beneficiary to the WILL cannot be witnesses.

No tax but Court Fee is applicable for Probate proceedings.

Sugam Puri (Associate Advocate)     19 October 2011

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

kumar t v s (advocate)     19 October 2011

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.

Sugam Puri (Associate Advocate)     19 October 2011

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.

rajkumar.vnm.marupeddi (advocate)     22 October 2011

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


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