Legal Question in Wills and Trusts in India
If a person buys a property and deposits cash in the name of his wife and gives that property and cash to his first son by will, then after the death of that person,
(a) who will owner that property and cash
(b) can his wife give that property and cash to second son against will
(c) before opening will, if his wife has given that property and cash to second son then after opening will, who will owner of that cash and property?
2 Answers from Attorneys
28.10.2013
Dear Sir / Madam,
a). On the demise of the maker of the Will, the beneficiary (first son) named in his Will will need to obtain a Probate on the Will for the transfer of the title to the property in his name.
b). If the cash has been deposited in the name of the wife, she can give the cash to the second son.
c). There is no secret in a Will because the Maker of the Will has to give it to a custodian and executor to be named in his Will.
Regards,
Sir,
I am afraid, I am not in agreement with the reply of Mr. Prashant Chavan. There is a statue, Prohibition of Benami Transactions Act 1989. The person had no right to make WILL in respect of a property in the name of his wife, even if that person purchased it. Same is the status of cash deposited. The only exception to this rule is if that Person, wife had constituted a Hindu Undivided Family. Or else, First son will have to right on the basis of WILL of that person. Wife may give that property during her life time or after life time to any one including the Second Son.
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