Legal Question in Wills and Trusts in India
husband purchace immovable property in name of wife then who is legaly competent to make a will of that property?
Asked on 5/12/11, 2:54 am
4 Answers from Attorneys
Vishwa Arya
Arya & Co.
In view of Benami transaction (prohibition) act 1985, wife will be considered as owner for all purposes. so, it will be wife who would be competent to make Will in respect of the aforesaid property. Husband, otherwise, can make his will excluding this property.
Answered on 5/12/11, 3:43 am
Sanjay Kalra
Sanjay Kalra & Associates
Wife as the property is in her name and legally she is the owner.
Answered on 5/12/11, 8:50 am
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