Legal Question in Real Estate Law in India

Dear Sir/Madam,

Thank you for providing us an opportunity to convey our legal queries.

This query is regarding my mother's uncle's property.

The Person is survived by his wife and they have no children.

He possesses a constructed house and is also the patta-holder of the said house.

The site in which the said house is built is his inherited ancestral property in which the said sites were equally distributed among 4 of their brothers(including him)

Now there is a question of him to write a WILL considering his present old age situation.

Please let us know that in what way should he proceed with the WILL, i.e does he have any legal obligations that he does not have any children.

Is he free to give rights to anybody he wishes?

And will he be able to curtail his wife from enjoying full rights of his said property after his death(i.e when the said WILL comes into effect)

Can he himself direct the rights of the property without future interventions of his wife after his death?

Can he draft a WILL in such a way that his wife in anyway cannot execute a WILL or sell the said property after his death?

Kindly provide a solution to this unending dilemma.

I sinerely await for your reply.

Thank you.


Asked on 8/06/11, 4:41 am

1 Answer from Attorneys

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

he can make will in any way he want giving his property to anyone he likes, debarring anyone, .. but tht has to be done with his free consent signed by two witnesses ...get it registered though it is optional but still preferential '.....

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Answered on 8/06/11, 10:18 am


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