Prasad (Mr) 14 June 2013

Can a will dictate my property partition

Hi, I am owning few properties in Poona that I bought before I got married. With a lot of sweat and blood my elder brothers and sisters had taken care of buying properties in my name. Money was just mine. Now that I am married recently, I would like to write a will and part the properties to my siblings and my beloved wife as I wish. Can I write a will that would dictate the partition of my properties according to my wish? A friend tells me that a wife would get 100% even if there was a Will.

Also, I did not get any prenup or any such document as I want to trust my beloved wife. But in the case where money can change people mind, since I have paid 100% and own 100%, would a wife be able to get 50% or 10% or whatever? how would that be decided? We do not have any kids and my wife is a homemaker.

Thanks for your answers and God Bless you.

-Ram Bapu

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 14 June 2013

You can write a Will in repect of the properties acquired by you. Your properties will devolve as per your Will only and wud not go entirely to your wife if you wish so.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 14 June 2013

. If a person makes a Will that a particular thing be given away to someone, and later changes it to say that half of the same thing should be given to another person, that thing should be divided into two parts, and one part should be given to each of them.

prakharved (Medical officer) 26 June 2013

@prasad

If the property is in your name, then you can make a will and the property would be divided as per your will only. Also, there is no validity of a pre nuptual agreement in india. so even if you have an agreement , it is not valid

Regards