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MITHILESH KUMAR (Supervisor)     08 April 2014

Can husband make will for house inheritted from wife.

Dear Sir,

Initially land purchased in wife's name and house built on that.

Wife died in 1997 intestate and had no issue.

Property transferred in husband's name by Nagar Nigam in 1998.

Husband made registered will in favour of one nephew (sister's son) in 2011 and died in 2012 leaving behind two sisters as only class II heirs. Will is challenged by one sister.

As of now tehsil record shows that wife is owner and Nagar Nigam record says that husband is owner of house.

1. Is the will valid in view of ambiguity in record of Tehsil and Nagar Nigam?

2. Can husband make the will as it was not his self acquired property?

Please advice

Regards



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     08 April 2014

Husband was the legal heir of his wife only then by doing mutation process in the nagar nigam he got transferred the house in his name , he was the sole owner of that property and had all rights over that to use and to dispose off in any mannar as he wish , his will is valid .
1 Like

vaibhav (Legal support officer)     08 April 2014

If the land purchased by husband in wife's name means it is not an ancestral property of the husband. Hence his two sisters has no right to claim the said plot or house. Moreover, before one year of his demise he executed his Will, hence his nephew shall be owner of the property.
1 Like

Advocate Bhartesh goyal (advocate)     08 April 2014

Being a sole legal heir, husband got transferred the property in his name and after transfer of property husband was absolute owner of property and had every right to transfer the same by way of sale, gift  or will as per his wish.Husband's will is perfectly valid.

1 Like

MITHILESH KUMAR (Supervisor)     09 April 2014

Thank you so much sir for your valuable and prompt reply.

The above mentioned sisters have also staked claim for ancestral agricultural land (no will written for this) of their brother.

Being unable to provide sufficient documentary proof for being their legal heir, it is disputed by brother's relatives.

1. What will happen if one sister passes away before tehsildar gives its judgement:

   Whether property will go to surviving sister or she will share it with children of deceased one ?

2. What if both sisters pass away before judgement is passed (both are above 70 years of age)?

Regards and Thanks.


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