Legal Question in Wills and Trusts in India
My mother died years ago without writing a will. My mother had 6 sons and 2 daughters. The eldest son of my mother has also died and his wife stays with one of the younger sons. The widow does not have any children. The property has still not been divided or inherited. The share of each in the property is still not distributed. Does the widow have any right to the property keeping in mind that she does not have any children? If yes, can the widow, in her will, give away her share in the property to the younger son looking after her keeping in mind that her share in the property has still not been inherited by her (the distribution of share in property has still not been done)?
The property and the beneficiaries are in India and therefore answer should correspond to laws prevailing in India. All people above are Hindu.
1 Answer from Attorneys
the widow does have the right in the property to the extent of her husbands share. and yes she can give her share to the other legal heir. for further query contact 9312411481
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