Legal Question in Real Estate Law in India

Do i need to make a will

I am a 47 yr old lady.My first marriage was in the age of 18 but I was mutually divorced 20 yrs later, i have a son from that marriage but his dad took all the responsibility ,I remarried 6 mnths later to a man we dont have any kids .I am a working woman with somewhat good amount of bank balance & properties. Now what I need to know is if we dont make a will does my biological son have claim on my properties or will it go to my husbands relatives ?what about properties in my husbands name? who all can claim it?


Asked on 3/03/07, 1:45 am

3 Answers from Attorneys

Sarosh Bastawala ADVOCATE - SUPREME COURT OF INDIA

Re: Do i need to make a will

After your remarriage my properties will go to your husband and his relatives. However if you so want (and as such you are a working lady and your properties are self accquired) you can make a will as you may will have some wishs to make. Your son after your remarriage will not any right.

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Answered on 3/03/07, 6:01 am

Re: Do i need to make a will

your son can claim share in your property but he shall not have any right in your husband's property and the same shall go to your husband's relatives.

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Answered on 3/03/07, 10:52 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Do i need to make a will

To answer your query fully, it is important to know your religion as there are different personal law of succession for different religions. However, except Muslim Personal Law, all other personal laws permit a person to dispose of his/her self acquired properties by a Will.

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Answered on 3/06/07, 2:03 am


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