Will on not possessed property
KUMAR
(Querist) 21 June 2023
This query is : Resolved
MY SISTER HUSBAND IS DECEASED AND THEY HAVE NO CHILDREN. I AM ONLY TAKING CARE OF MY SISTER AFTER HER HUSBAND DEATH. MY SISTER HUSBAND HAD ANCESTRAL PROPERTY BUT IT IS NOT PARTITIONED BETWEEN HIS BROTHER AND HIM, STILL THE PROPERTY TITLE IS IN THE NAME OF THEIR PARENTS. NOW I WANT TO WHETHER MY SISTER CAN MAKE A WILL FOR HER SHARE IN THE NOT PARTITIONED ANCESTRAL PROPERTY IN THE NAME OF ME.
IS IT POSSIBLE TO MAKE A WILL ON NOT POSSESSED PROPERTY?
Sudhir Kumar, Advocate
(Expert) 21 June 2023
Your sister is a successor of the property and she cal make a WILL as she is childless.
kavksatyanarayana
(Expert) 21 June 2023
She is the 1st legal heir for her late husband and the share of her husband will devolve on her. So she can make a will for her husband's property which devolve to her.
T. Kalaiselvan, Advocate
(Expert) 21 June 2023
It is not known that whether her husband is having any share or rights in the property that are yet to be partitioned, and it also not known whether it is an ancestral property or self acquired property of his father or parents. Your sister is a legal heir of her husband while your sister's husband's mother is also one of the legal heirs to him. Therefore until and unless she is not having possession of property she cannot transfer the same to anyone
K Rajasekharan
(Expert) 21 June 2023
Yes, she can make a Will of her property.
In the Will, she can include her property and her share in the not yet partitioned
property of her late husband, which she got as a legal heir of her husband, and
does not possess as of now.
