Widow can execute a will bequeathing property to her nephew
it should be attested by 2 witnesses
get the Will registered
Can a property be transferred to a person after the demise through making a Will ?
Hi, There is a woman who's widow and has no children. She has inherited a property (a shop) from her husband, which was self occupied by her husband. They have no children. What are the possibilities if the woman can make a registered Will in favour of his nephew, one with whom she lives with. Would that be a valid will in the eyes of law? Can that property be claimed by the brothers of her husband even after the will ?
Asked 1 year ago in Property Law
Religion: Hindu
16 Answers
Wife of deceased cannot make WILL in respect of shop. Wife is required to firstly apply for succession certificate and after getting the same, she can bequeath the shop through WILL or sale etc.
The widow of the deceased property owner has full rights and entitled to succeed / inherit the properties left behind by her deceased husband as a legal heir or successor in interest.
In the given situation, she can transfer the proeprty to her name by applying for transfer of revenue records and mutating the property to her name.
After that she will become an absolute owner of the entire property by which she can transfer the property to any person of her choice either by a settlement deed or by a sale deed or by a Will.
Neither her deceased husband's brothers nor anyone can challenge this arrangement made by her.
- As per law, after the demise of her husband , the property would be devolved upon his legal heirs equally , and hence in the absence of child , the property can be claimed by his widow.
- She can apply for mutation of the property in her name after submitting the death certificate of her husband along with property documents copies
- Further after getting the said property mutation in her name , she can write a Will in the name of her nephew in the presence of two witnesses
- She can registered the said Will in the office of the sub-registrar.
- None having any right over the said property being the self acquired property of her husband.
Hello,
- She can make a Will absolutely in favour of anyone including her nephew as she is the only legal heir after the demise of her husband in his self-acquired property, unless his mother is alive.
- They can dispute, however, they cannot succeed in their claim.
Dear Client
In India, a person has the right to make a will to dispose of their property as they see fit. If the widow wishes to make a registered will in favor of her nephew, she generally has the legal right to do so. However, there are a few important considerations:
Competency: The person making the will (testator) should be of sound mind at the time of making the will. It's important to ensure that the widow is mentally capable of making decisions and understands the implications of her will.
Free Will: The will must be made voluntarily and without any pressure or coercion from others. If it is found that the widow was forced or influenced to make the will against her wishes, it may be challenged in court.
Registration: While it is not mandatory for a will to be registered, registering a will with the Sub-Registrar of Assurances can provide additional evidence of its authenticity and can help prevent disputes.
Testamentary Capacity: It's crucial to establish that the widow had the testamentary capacity to make a will. If there are doubts about her mental capacity at the time of making the will, it can be challenged in court.
Natural Heirs: If the widow's husband had brothers, they may have some claim to his property if there was no valid will. However, if a valid will exists, it can supersede their claims, and the property would pass according to the terms of the will.
Legal Advice: It is advisable for the widow to consult with an experienced lawyer who specializes in wills and property matters to ensure that the will is drafted correctly and can withstand potential challenges.
Yes sha can execute a will no one can claim the property as sane becomes her self acquired property
According to the Indian Succession Act, 1925, a widow has the right to inherit the property of her deceased husband, whether it is self-acquired or ancestral. She can make a will in favour of anyone she wishes, including her nephew, and dispose of her property as per her wish. A will is a legal document that expresses the intention of the testator (the person making the will) regarding the distribution of his or her property after death. A will can be registered or unregistered, but it must be in writing and signed by the testator and two witnesses who are not beneficiaries of the will.
If the widow makes a valid will in favour of her nephew, then he will become the owner of the property after her death. The brothers of her husband cannot claim any right over the property, as they are not legal heirs of the widow. The widow’s legal heirs are her parents, if alive, or her siblings, if any. However, if the widow dies without making a will, then her property will be divided among her legal heirs according to the Hindu Succession Act, 1956. In that case, the nephew will not get any share in the property, unless he is adopted by the widow as her son.
Therefore, it is advisable for the widow to make a registered will in favour of her nephew and keep it in a safe place. She can also inform her nephew and other relatives about her will and its contents. This will prevent any disputes or challenges to the will after her death.
If the property is the self-acquired one of the husband, the widow becomes the sole successor after the husband's death, in the absence of any other Class-I legal heirs (the husband's mother, in this case). She may very well write a Will in favour of anyone of her choice legally. Let her engage a competent lawyer to get it drafted suitably and the execute and register it.
No.
She is absolute owner if Her mother in law expired before her husband.
The widow has already applied for mutation of the property on her name, but it takes 35 days to get her name on the property card. Can she still make the will for that property and bequeath to her nephew ? If she can make a will, 1) How can she put condition to bequeath to some one else if her nephew dies before her (legatee doesn't survive the testator). 2) If nephew dies after her but without executing the will. What would be the scenarios in these two questions? Thank you advisors in advance. I appreciate your responses.
Asked 1 year ago
She can still make a will bequeathing property to her nephew
2) there should be clause in will that of beneficiary predeceases her property would devolve on x persin
3) if nephew dies after testator death then property would devolve on nephew legal heirs
She can very well write a Will without waiting for mutation.
1) If the beneficiary dies, the testator may very well bequeath her property to anyone else of her choice by writing a new Will. The old Will becomes null and void automatically.
2) There is no need to execute the Will. Inheritance through the Will is automatic. If the nephew dies later, his estate shall devolve on his legal heirs automatically.
Firstly the Will shall come into force only after the death of the testator.
Secondly, once the Will comes into force and unfortunately if the beneficiary is not able to transfer the properties to his/her name during the lifetime, then it shall automatically devolve on the legal heirs of the beneficiary.
The testator has full rights to cancel the Will or change it or make a codicil of the Will during his/her lifetime.
Therefore in the event of the death of the beneficiary before the Will comes into force and the testator wants to cancel the Will consequent upon the death of the beneficiary, then the legal heirs of the cannot claim the benefits for any reason neither they will have any rights to challenge the cancellation of the Will by the testator upon the death of the beneficiary.
If the testator would like this property bequeathed in the Will should go to the beneficiary alone or in the event of his/her death during the lifetime of the testator, then the testator can make a recital stating the consequent upon the death of the beneficiary before the enforcement of the Will the property bequeathed shall go to the second named beneficiary for whatever reason the testator may rely upon.
1 she cant
2. then it will be distributed to the legal heirs equally
1. Without getting transferred the property in her name , she cannot make a Will
- She can mention in the Will , that if her nephew died before the testator , then the property will come to an end and the property will be back to the testator.
- Further, as Will can be written repeated number of times , and only last will is having legal value.
2. She can mention in the Will the conditions , that after her who will have right over the property
Greetings of the Day,
I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.
Best Regards
SPS Law Chambers
New Delhi.
