Willing an inherited property
Kumar
(Querist) 07 April 2013
This query is : Resolved
I have inherited an ancestral home. I am living with my wife. I have no issues. Can I make a will bequeathing the property to my nephews.
Raj Kumar Makkad
(Expert) 07 April 2013
Whether your wife is permitting you to do so? I am asking this because she is absolute owner of that house on your demise.
Raj Kumar Makkad
(Expert) 07 April 2013
In case you are alone and have no one your legal heir then such ancestral property is treated as if the same is your self acquired property and you are free to treat it with any mode of your desire.
prabhakar singh
(Expert) 07 April 2013
A Wife can not be a coparcener in husband's ancestral property,and you do not have any children who could have been coparceners,then ,yes! you have right to testate a will even without consent of your wife but she can claim a charge of her maintenance over it.
Devajyoti Barman
(Expert) 07 April 2013
You have to just execute a Will and give the properties to anyone you choose.
Consult an advocate.
H.M.Patnaik
(Expert) 08 April 2013
Mr. Prabhakar has answered clearly .You can go ahead with his advice.
Adv k . mahesh
(Expert) 08 April 2013
yes agree with Mr.Singh do as he says
Raj Kumar Makkad
(Expert) 08 April 2013
Even though wife is no coparcener in your case but even then she has got right under DV Act to restrain you to do what ever you desire.
prabhakar singh
(Expert) 08 April 2013
Yet your wife would not be able to stop you from making a will.
However you do not have any dispute with your wife.Nor do I see you intending to desert her in future.You just wanted to know you can make will about the kind of property you have in your hand or not.
Then in my opinion the best WILL by you would be that you give ONLY life interest without ownership of the property to your wife and after her death let the ownership go to nephews as last successors of yours.
