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..
Ramesh Kumar (consultant) 06 August 2021
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..
H.JanakiManohar Rao (lawyer) 07 August 2021
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?