CAN I WRITE A WILL
P.Muthusamy
(Querist) 14 February 2009
This query is : Resolved
I AM HAVING SELF ACQUIRED PROPERTY ALONG WITH THE PROPERTIES BEQUETHED BY MY FATHER AND PROPERTIES BY PARTITION OF PROPERTIES OF MY MOTHER.
CAN I WRITE A WILL BEQUETHING ALL THESE PROPERTEIS TO MY WIFE . I AM THE FATHER OF THREE DAUGHTERS.
KINDLY ADVISE.
Rajesh Kumar
(Expert) 15 February 2009
All these properties are your individual separate property; you can make a will of all these properties.
AEJAZ AHMED
(Expert) 15 February 2009
MR. MUTHUSAMY,
First Point:-
There are three types of properties, which are possessed by you:
(a) Self Acquired Properties;
(b) Property under Will of your Father;
(c) Property under partitions from your Mother;
Second Point:-
You want to write a Will in favour of your "WIFE" ONLY, bequeathing " All the above Three Properties".
Third Point:-
You are having "Three Daughters".
So, my questions to you;
(1) what do you say about the Properties under (b) & (c) above?
(2) Is the Properties under (b) & (c) above, not a Ancestral Properties?
(3) Then, how can you " Make a Will " in favour of your wife only, bequeathing all those properties under (a), (b) & (c) above ?
Conclusion:-
(1) So, as per me, your 'Three Daughters' are having their "Rights and Shares" in the Properties under (b) & (c) above, as those are the "Ancestral Properties".
(2) And, you can't bequeath all those properties in favour of your 'WIFE' only.
Note:-
If am in-correct, wait for suggestion of our senior learned brothers for correction, which also helpfull to me.
Ravi Arora
(Expert) 15 February 2009
Yes, agreed with brother Aejaz Ahmed
You can WILL property no. 1 ONLY
A. A. JOSE
(Expert) 16 February 2009
I fully endorse the view expressed by Mr.Aejaz Ahmed.
sanjeev murthy desai
(Expert) 16 February 2009
I agree with Mr. Ajeaz Ahemad,
But he has the right to bequeath the 1/4 share of the b and c property through the will in favour of his wife.
sanjeev desai
Kamlesh soni
(Expert) 18 February 2009
I agree with Mr. Ajeaz Ahemad
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.