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Ramesh Kumar (consultant)     06 August 2021

Can husband give his ancestral property to his wife through

Dear tax experts,

Can a person give his ancestral property to his wife through a Will ?  Do the children not have any rights over this ancestral property if the father has Willed the ancestral property to his wife ?

Thanks in advance..



Learning

 4 Replies

H.JanakiManohar Rao (lawyer)     07 August 2021

The ancestral property shall be shared equally among children and parents.It means both parents put together one share and rest children each one share.So naturally your father'share goes to your mother after his demise .She has got right over the husband' property.

Dr J C Vashista (Advocate)     07 August 2021

The ancestral property can be bequeathed to wife by execution of will, which would be applicable after his (Testator's) death.

The property shall be self acquired in the hands of beneficiary of the will (widow in this case), wherein his children shall be debarred from such property after death of the Testator.

Even otherwise widow has a right / share in the ancestral property left behind by her husband.

You have complicated the facts / issue, it is better to re-frame facts and re-post your specific query. 

G.L.N. Prasad (Retired employee.)     07 August 2021

The children are also entitled for a share in ancestral property and through a will, a man can not bequeath the entire property to his wife alone.  In such likely situation, the children must seek their share and seek partition during the father's lifetime to avoid likely complications.

P. Venu (Advocate)     10 August 2021

What are the facts? How is that the property is ancestral?


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