Myeet (ABC) 22 September 2012

Can she or she can't

Hi,

One Mr. A wife Mrs. B with 3 sons and 3 daughters

Say if out of Mr. A or Mrs. B , Mrs. B have a property (self earned) and "NOW CAN SHE" i.e. Mrs. B make a WILL and give this property to ANY ONE of 3 sons & 3 daughters, say ONE SON ONLY.

Does Indian succession Act or Hindu Succession Act allows that or the Hindu Succession Act will not allow her to do that even with her SELF EARNED property.

Please note here property is of Mrs. B SELF EARNED and is on her name and she want to make a WILL or say Registered WILL to give the property ONLY to ONE SON.

thanks

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3 Replies

Advocate Bhartesh goyal (advocate) 22 September 2012

Yes ,Mrs B has every right to bequeath her self acquired property to anyone, he may be her son,daughter or anyone.No bar/restriction in law.

Arvind Singh Chauhan (advocate) 22 September 2012

Yes she is free to bequeth her property to any one.

Myeet (ABC) 23 September 2012

Thanks for a reply sir, but here what I can understand from your reply is that ...

a) A person is free to dispose his/her SELF EARNED property by WILL, the way he/she wants and it may be to anyone or even to one of his/her child son or daughter.

b) The Hindu Succession Act 1956 / Indian Succession Act (including amendment act 2005) will come into place ONLY WHEN ....

1) THERE IS NO WILL

2) THE PROPERTY IN QUESTION IS ANSESTRAT

3) WHEN THE PROPERTY IN QUESTION IS NOT SELF EARNED

pl. correct me if I am wrong in any of the above said point a) or b)

I will be thankful if someone can pl. post/cut-paste complete "Hindu Succession Act 1956 / Indian Succession Act (including amendment act 2005)" so that I can also go through it in detail.

Pl. Note that the property in question is in Delhi.

thanks