Legal Question in Wills and Trusts in India
Further will of father's property by mother
In India, in a hindu family, the husband made a Will in favour of his wife giving most of his property to her instead of his sons and daughters. Upon his death the Will became effective. The question is whether or not the wife can now write a Will in favour of her sons/daughters. I heard that the property should be self acquired by a person for him/her to make a Will. The question is, whether the wife can make a Will for husband's property that came to her by the husband's Will? Or the condition of self acquiring prevents her from doing so? Thanks.
4 Answers from Attorneys
Re: Further will of father's property by mother
Is any condition present in the will that after her death the property will devolve upon sons,daughters or other legal heirs,if not the wife can dispose of the property as she likes.
Re: Further will of father's property by mother
Yes,wife can do.After death of husband it is wife who has become owner
by virtue of
will of husband so she can deal with the property as per her wishes
and
can dispose the same by will also.Nothing prevents her right in any
way.
Re: Further will of father's property by mother
that the wife upon getting the property after will is implemented and as such upon the will coming into force and once the wife accpets the will and get the property . The said proerty becomes her self acquired property and she can make will and or dispose off the same in the manner she wants . However before she actually gets the property pursuant to the will of husband she can't make will of her own
Re: Further will of father's property by mother
After the death of the husband wife becomes owner by virtue of the will of Husband. Her rights cannot be prevented in anyway.
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