Can we make a will in favour of two sons and avoiding one
Nidhi
(Querist) 13 July 2012
This query is : Resolved
My Husband got some property as 1/2 of properties purchased by his father , although he did not left any will but my husband and his brother divided mutually .
We have three sons , My husband want to make a will in favour of two sons 40 % each and 20 % in favour of third one .
But my third son says this is not your acquired property so he has equal right in property .
Devajyoti Barman
(Expert) 13 July 2012
How did your husband get it.
If it was by Will then he can transfer it at his will.
Nidhi
(Querist) 13 July 2012
No he did not got by will because my husband 's father did not made any will , i clearly mentioned this in question as well
R.K Nanda
(Expert) 13 July 2012
U r husband cannot make any will and thus file partition suit in civil court so that each one get his/her share correctly as per court orders.
Anirudh
(Expert) 13 July 2012
I have a serious doubt whether the Experts answering the queries first understand the query with its full import.
I also do not know on what basis it is being advised that "your husband cannot make any will".
All these unsustainable and unreliable replies are being dished out here, mainly because the Administrator has no moderator.
In the given facts, the property is the personal property of your husband. Therefore, he has every right to deal with the property in whichever way that he wishes. Nobody (any of the son(s) or daughter(s) or even his wife) can claim any share in the property, and much less any equal share in the property.
If your husband wishes to give the property by way of WILL in the proportion that he has in mind, he can very well do so. He is well within his legal rights. Such a WILL is quite valid.
