Property Will
Querist :
Anonymous
(Querist) 12 August 2010
This query is : Resolved
Hi,
In case a person had created a will and got it registered but no probate, make his wife the legai heir ,is it possible for the wife to sell the property or transfer it to her son ,after her husband death ?? the scenario here is that she has three sons, out of which one of them is not staying with her for almost 30 years..so if the wife sells the property or nominate her son who is staying with her as the legah heir..can the other son object the will ??
Can the will be challenged on the basis of having no probate..whats the actual role of probate in case of a will..
What is the way by which we can make a will unchallengable by any legal point of action?
A V Vishal
(Expert) 12 August 2010
You have not mentioned whether the property is ancestral or self acquired property of the testator, in case of self acquired property only the testator can bequeath the property as per his sweet will and wish. In such case his wife can act according to her wish, however, a perusal of the will is necessary to determine the status of the right of the wife viz. does she hold absolute right or just a life interest. In case of ancestral property the same cannot be willed, however without perusal of the will it is not possible to advise & guide properly.
Querist :
Anonymous
(Querist) 12 August 2010
my case in delhi judrication.
