Legal Question in Wills and Trusts in India

hello, i am a widow having 2 sons, my husband had an ancestral property which was sold and more than 1/3rd was given to my elder son as his share, but there is no written proof for the same. from the rest a house was bought in my husband's and my name and remaining amount invested. after my husband its solely in my name. I was told by a relative that as i am one of the holder, i can give my half of the house to my younger son. and rest half will be divided into 3 parts. which means my elder son gets 1/6 of total property. i want to make a will with same clause and register it. but i am afraid my elder son might contest the will. can i make such a will and can it be contested, and if yes then on what grounds. Or is it possible for me to sell the house and give 1/6 proceed to my elder son. or i need his consent before selling the house?

thanks in advance.

Asked on 6/04/14, 5:28 am

1 Answer from Attorneys

you can make the will of 1/2 of the share in the house as you are the absolute owner of that part

and the remaining 1/2 is to be divided in 3 parts of which you along with your two sons will share 1/6 th of the same each. for further assistance contact at :

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Answered on 6/07/14, 5:05 am

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