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MADAN KOTHARI   17 November 2024

Widow right

Can a widow having no issues make a will in favour of her brother without witness of brother in law and other is the will be challenged in the court of law on the ground of transfer of in laws property



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     17 November 2024

If a widow in the capacity of legal heir has inherited a property then that becomes her own and absolute property.

Therefore she has full rights over the property hence she can transfer the same to anyone of her choice and by any mode of transfer.

No one can challenge the same for whatever reason.

Dr. J C Vashista (Advocate )     18 November 2024

Originally posted by : MADAN KOTHARI
Can a widow having no issues make a will in favour of her brother without witness of brother in law and other is the will be challenged in the court of law on the ground of transfer of in laws property

Yes, a widow having no issues make a will in favour of her brother without witness of brother in law. Any two adult persons competent to contract can be witness who can stand with the testator to depose in the Court, when required.

Your contention of seeking clarification qua, "....challenged in the court of law on the ground of transfer of in laws property...." is not clear, please redraft. However, land laws are a State subject which differ from State to State as per personal laws of the testator / in-laws.

P. Venu (Advocate)     18 November 2024

What do you mean by "................... without witness of brother in law............"? How the brother-in-law is concerned with her property?

The posting suggests deeper issues. Please post complete facts.

 

MADAN KOTHARI   18 November 2024

As per my belief there should be witness from in-laws 

Otherwise this may be challenged as transfer of right from in-laws to her father mother etc.

Now a days such a practice is made by the father mother of the widow to take benefits of Hindu law 

T. Kalaiselvan, Advocate (Advocate)     18 November 2024

Why is the widow requires witness to claim her rights over her deceased husband's properties as a class I legal heir?

She can approach court to enforce her rights.


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