Sunday, November 15, 2009

Ownership of flat in the name of a hindu wife, who have never earned any income in her lifetime can be willed?

Can she will the property to her grand daughters from first daughter, leaving nothing to her another daughter.

Ownership of flat in the name of a hindu wife, who have never earned any income in her lifetime can be willed?
only self acquired property can be Willed.





when the property is in the name of a Hindu wife, who have never earned any income in her lifetime, still she can Will it to someone of her choice as if it is self acquired by her.





only the properties lying in the jurisdiction of four metropolitan cities (Chennai, Mumbai, Kolkatta, %26amp; Delhi) in india if obtained by Will, the Will need to be probated in the court by the beneficiary for getting clear title. all other places in india probation of Will is not compulsary.





in the case you mentioned here she is at liberty to Will the property.





only when probation comes in the court the affected person need to contest and prove that the property is not self acquired as she has no income. by this affected person can get due share.





even then there is a possibility that, hindu wife, who have never earned any income in her lifetime, could have obtained several gifts from several of her relatives and friends every year and the accumulation is the source for self acquisition. if court accepts this argument, the Will is valid
Reply:It depends on where she lives. The property is hers to leave. In most states, a spouse cannot be disinherited without his or her written permission - the spouse is due a certain percentage of the estate. Beyond that, she can leave property to whomever she desires and all or some children can be disinherited without explanation (although an explanation in the will is a good idea).
Reply:If She inherited the property from somewhere she cannot just will it to one particular daughter. If the flat was purchased for her by someone else then she is free to will her property to any she wants.




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