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.


Asked on 1/13/08, 2:58 pm

3 Answers from Attorneys

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.

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Answered on 1/15/08, 12:33 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Further will of father's property by mother

replied

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Answered on 1/17/08, 9:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

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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Answered on 1/16/08, 7:00 am


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