LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sabah Zarid   20 March 2024

Will of inherited property

Hello Members:

Can a childless widow bequeath her property to her best friend by way of a will? All the property she currently owns was inherited from her deceased husband.


 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 March 2024

As per Hindu Law, the person who inherits the property from his ancestors cannot give away the property to someone else by making a will as the next generations have equal rights on that property. If an individual wants to make a will for self acquired property, that is completely legal. The laws are applicable differently as per the conditions stated by Indian Succession Act, as in the case of Christians, Parsis and others.

Sabah Zarid   20 March 2024

Maybe, I couldn't express myself clearly, so to paraphrase: The inheritance is not from ancestors but deceased spouse.

Dr. J C Vashista (Advocate )     21 March 2024

Laws differ in personal laws of the testator i.e., different laws govern Hindus, Muslims, Christians and others, what is the state in your case ?

Intestate property devolved upon widow from her deceased husband shall form part of her self-acquired and not inherited.

The topic / subject of your query includes deeper legal issues, it is appropriate to consult a local prudent lawyer with relevant records. 

Sabah Zarid   21 March 2024

Thank you, Sirs.

T. Kalaiselvan, Advocate (Advocate)     22 March 2024

Presuming it to be an intestate succession,  the property becomes her own and absolute property, that is her self acquired property. 

This means she's at liberty to transfer her property to any one of her choice by any mode including the proposed testamentary disposition through a Will. 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register