Will
Sanjay Dhiman
(Querist) 21 April 2013
This query is : Resolved
The maker of will,i.e Husband, can impose a condition, that after his death his wife will be the owner of the house, till her life and after that his two sons would be owner equally. He died, after his death his wife, against that condition, gifted the said house to only one son,
Question is :
1. whether he (deceased) could imposed such condition in his will, as per latest citation of supreme court, because i have heard somewhere that according to earlier judgments he could, but now it has been held he could not, pls explain the same...
2. whether wife was become full fledged owner to take any decision for house in question?
ajay sethi
(Expert) 21 April 2013
as per the will wife only had life interest in said flat . conditional bequest is valid
wife had no power to gift property to one son .
prabhakar singh
(Expert) 21 April 2013
Q1. whether he (deceased) could imposed such condition in his will, as per latest citation of supreme court, because i have heard somewhere that according to earlier judgments he could, but now it has been held he could not, pls explain the same...
A 1.It's wrong bearing.Law of WILL remains unchanged till date.Testator can legally do so.There can not be ruling you heard.There is no such citation as you heard.
Q 2. whether wife was become full fledged owner to take any decision for house in question?
A 2.In the instant case wife had only life interest whereafter ownership was to vest
in two sons.Hence wife had no power to transfer and gift by her is without right,
a deed void ab initio.
