The property 'X' acquired by mother from her pre deceased son as per the Hindu succession act.
Can the mother write a will on this property 'X' to a stranger? Or will it go back to the legal heirs of the predeceased son?
ranjith 17 November 2023
The property 'X' acquired by mother from her pre deceased son as per the Hindu succession act.
Can the mother write a will on this property 'X' to a stranger? Or will it go back to the legal heirs of the predeceased son?
P. Venu (Advocate) 17 November 2023
What is the context for this query? Why the mother wants to deprive the legal heirs of her deceaed sons?
ranjith 17 November 2023
Self acquired property 'X' of Person 'A' (Dies reinstate). Rights goes to L1 heirs -> Wife 'B' and only Child - Son 'C'. Son 'C' & his wife dies in crash leaving behind minor Grand Son 'D'. Now Property X -> 50% goes to B, 50% goes to C (predeceased son). Since C dies, rights is split 50% between 'B' and 'D'. Now 'B' holds 75% right to the property X (50% from A + 25% from predeceased Son C). Now B writes a WILL to random person 'Y' all 75%. with this context ..
Can B write a WILL for this 75% right to the property 'X' ? How will the Kerala Govt amendment on Hindu succ act work in this scenario?
T. Kalaiselvan, Advocate (Advocate) 18 November 2023
Yes B can bequeath her 75% undivided share in the property to anyone of her choice by a testamentary disposition, i e., a Will.
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