property
bindhu
(Querist) 23 October 2009
This query is : Resolved
I am a hindu.I got property from my father.
i am married, i have a son
i make a will in my sons name
after death he gets the property
Now my question is
after my death my property goes to my son
If he dies without marriage
is the property goes to my wife?
or it goes to my brothers and their childern
Adv Archana Deshmukh
(Expert) 23 October 2009
As the property is ancestral your son has a share in it. You can give your share to your son by a WILL. In the absence of your WILL, your share shall be divided between your wife and son.
As per your querry in case he dies without marriage then, if his mother is alive, his whole property shall devolve upon his mother as per Hindu succession act and not to your brothers and their children.
mahesh kumar yadav
(Expert) 23 October 2009
hi bindu,
i understood ur query, what Archana Adv has given his absolute correct
bindhu
(Querist) 23 October 2009
thank you
Raj Kumar Makkad
(Expert) 23 October 2009
Ancestral property can not be devolve in favour of a single legal heir as you are planning in the given matter. Becuase you got this property from your father so your wife has also share in it after your death and if after your death, she wants to chellenge the will executed by you only in favour of your son, she can do so and in that case it shall be set aside and both the legal heirs shall get equal share. So as per my opinion, you need not make any will in favour of your son. In case he dies before his marriage in that even also, his property shall go in favour of his legal heirs....may be his mother, if she is alive till then and if she died prior to your son then definitely your property shall go in favour of other legal heirs which may be your brothers etc. Why to think such long.............
bindhu
(Querist) 26 October 2009
If i and my son dies.
Then my whole property belongs to my wife and she will give this property to her brother and their son ( so some third pary will enjoy my propety)
it is not fair accourding to hindu law
bindhu
(Querist) 26 October 2009
if i die and my son also dies
(then my wife side will enjoy my property
her brothers and their son and daughters will be enjoying my property )
she will make a will in favour of their brothers and their sons
Is it fair accourding to hindu law
now a days you can not trust any body
Adv Archana Deshmukh
(Expert) 27 October 2009
You can make a gift of the property to your son or someone else in your life time.
