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@Hueco001   09 August 2023

Will validity

Hello Sir,

Since I was the only child therefore after my father who recently passed away I became the legal owner of the property purchased by him as per his registered will because my mother had died long back.

I has two children and also want to make a registered will so that my wife has no problem as long as she is alive.

In the will i want to mention that after my death the hole property will be owned by  my wife as long as she is alive. But in case she is not alive at the time of my death  or after the death of my wife  the property will be equally divided between my two children . Am i legally permitted to write so?

I assume with above statement there is no need for my wife to make any separate will as far as property is considered.


After my death legally the property will be equally divided between my wife and two children even if I mention that the property will be fully owned by my wife as long as she is alive and thereafter equally owned by my two children.

Thanking all experts in advance.


 3 Replies

Real Soul.... (LEGAL)     09 August 2023

Yes you can make will and distribute your property as you wish, but you need to draft the will skillfully and register that too.

Now it is clear that after your death the property will be owned and transferred wholly to your wife and she will be owner during her lifetime; and after her death the property will be divided between your two sons equally.

Make it clear in the will what rights will your wife have when the property is transferred to her – that is whether she can even sell or lease or put on rent the property or just she will be using it for her boarding  and housing.

It is better to divide the property in three equal parts and let our wife decide whom she wants to give her share  ; that is if either of the sons take care of her well she will give her share to him or them.

T. Kalaiselvan, Advocate (Advocate)     09 August 2023

You can bequeath the property in any manner you desire.

There is no restrictions on you to distribute your property in full or in part to any chosen person or to everyone in your household.

It is ultimately your decision that will be binding on everyone.


Aadil (Student)     06 June 2024

Dear User,

Thank you for your query! I am Aadil and I will try to answer your question.


The Indian Succession Act of 1925 governs the laws regarding the creation and execution of wills. It states in its section 59 that any person may create a will as long as they are of sound mind and not intoxicated at the time of creating the will. Even a deaf, dumb, or blind person may create a will provided they are aware of the consequences of their actions. Even an ordinarily insane person may create a will at a time when he is of sound mind. The only real requirement for creating a will is that the testator must be aware of the consequences of their actions.

A will maybe declared void for the reasons:

  1. If the condition stated in the will is illegal or immoral;

  2. If a will does not express any specific intention;

  3. If a will is made to bequest properties to a person who does not exist or cannot be found as per the descripttion given by the testator;

  4. If the will delays the vesting of the bequeathed property to more than the lifetime of one or more persons who were alive at the time of death of testator, and from this period, to a period more than the age of majority of a person who existed as a minor at this time;

  5. If the will bequests all the property to religious or charitable uses, while a nephew or niece or any such near relative exists, unless the will was created within twelve months before the death of the testator and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons;

  6. If the terms of the will direct towards any accumulation of income from any property for more than eighteen years, etc.

Therefore, the contents of the will does not violate any of the restrictions imposed by the Indian Succession Act of 1925 and therefore is completely valid.

I hope this helps. Thank you for your time and patience!




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