Does wife has right to make will of property acquired from husband ??
kush
(Querist) 14 August 2013
This query is : Resolved
my father made a registered will on my mothers name ..after my fathers death mutation of property was done via the same registered will to my mothers name ... can my mom make "will" on my name and give no share of property to my sisters ????? or will can only be made on self acquired property ie ???
ps : my father bought the property via his own funds :)
Devajyoti Barman
(Expert) 14 August 2013
Your mother can give this property to anyone she chooses including you.
kush
(Querist) 14 August 2013
thank u soo much 4 the reply :) i was confused as i thought will can be made for the properties which are bought only from your own money/funds .. thanks again Sir
kush
(Querist) 14 August 2013
thank u soo much 4 the reply :) i was confused as i thought will can be made for the properties which are bought only from your own money/funds .. thanks again Sir
alexander
(Expert) 15 August 2013
There are number of question marks in your query.
Perhaps there are other "pretenders" to claim/contest the ultimate legacy.
You cannot stop anybody from contesting even a registered Will thereby causing avoidable expenses and delay ( not to mention the Court fee and the lawyers expenses to get the Will mutated subsequently for getting the mutation done)
A person can gift his/her properties to any one he/she likes during his/her life time.. As per TPA a gift over the value of Rs 100=00 has to be registered. You may think over this alternative also if your own lawyer advises you so.
kush
(Querist) 15 August 2013
Alex , thanks for ur legal advice .... but my sisters are married and setteled abroad and dont want any share in the property :) ... but i was confused that whether my mom has the right to make will or even gift it to me .. as she has acquired it from my father ,ie her husband and she has not bought of her own funds.... and i thought that "will" could only be made only 4 properties which are bought of your own money :)
but thanks again 4 ur help !!!
ajay sethi
(Expert) 16 August 2013
your mother can execute a will in your favour bequeathing the entire property to you . she can also if she desire gift the prperty to you during her lifetime . but gift deed has to be duly stamped and regd and attracts 2%stamp duty .
kush
(Querist) 16 August 2013
Thank you all for your help .. i think there is nothing more to add now :)
