Legal Question in Family Law in India
Disposition of property by will by hindu lady
My question is that when a Hindu lady dies making a Will can she dispose of her property after the demise of her husband to one of her sons to the exclusion of other heirs who too are legal heirs of lady?
My sceond question is that whether a lady has full authority after the death of her husband to dispose of her immovable property by testamaneary succession as per her own wish in favour of one heir to the exclusion of other heirs?
My third and last question is that whther such will have a full legal effect as generally Wills do have?
5 Answers from Attorneys
Re: Disposition of property by will by hindu lady
1. It depend upon facts of case and vary from case to case.
2.No.
3.No.
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Re: Disposition of property by will by hindu lady
the answer to all the questions raised is common : yes, she has a right to execute a will in respect of any property in her hands as an absolute. however, she cannot will away any ancestral property for which her husband could not execute a will.
in other words, if the property is absolute, the power to bequeath by way of will is absolute; if property is ancestral,the natural course of succession shall follow.
Re: Disposition of property by will by hindu lady
if the man gave all property to her and it was his self made property then only that woman can bequeth as u said otherwise that will be divided as per law
Re: Disposition of property by will by hindu lady
Your questions lead to one answer and i.e Yes she has a right to execute a will in capacity of an absolute owner.
Re: Disposition of property by will by hindu lady
1)If it is her self acquired property then she can give it to anyone.
2)same as above
3)If it is her self acquired and absolute property then yes.