shiv mohan gulati (member) 12 August 2011
Adv Archana Deshmukh (Practicing Advocate) 12 August 2011
A's wife can surely alienate the property alone, provided there are no other legal heirs along with her eg. A's brother, sister, mother, son, daughter etc
shiv mohan gulati (member) 12 August 2011
said A was having one son and two daughters at the time of his death besides his widow. Can the widow donate the said property, which A had purchased after selling the property received by him in family settlement after the death of A's father.
R.M.Bhaduri (Lawyer) 12 August 2011
Advocate Archana has already replied, the extra I would like to add is that there is no way for the widow to donate the whole property, she can donate only to the extent of her due share and nothing more.
J.PRAVEEN KUMAR (Advocate Madras High Court) 14 August 2011
Mr.Shiv Mohan,
The said property is self acquired property of A, it is not an ancestral property..
Secondly, A's widow has only 1/4th share over the property. Therefore, she can transfer only her 1/4th share to the Religious Inst.
J.PRAVEEN KUMAR (Advocate Madras High Court) 14 August 2011
MSr.Shiv Mohan,
kindly post a clear query with full details next time..Ur first query didnt say anything about the heirs of A, for which Adv Archana has answered well..
sriram kartik (Advocate) 14 August 2011
if the property is not ancestral property the widow wife canot allinate the property she can claim only 1/4th share only, but if the A has self acquired the property the grand children of A has right over the property, but widow cannot allinate or cannot contribute to insitutton
J.PRAVEEN KUMAR (Advocate Madras High Court) 14 August 2011
I agree with Mr.Sriram. if the she has Grandchildren. Even , in that case, if she has obtained a Consent affidavit from the grandchildren , she can transfer her 1/4th share of proeprty to the Religious Inst.
J.PRAVEEN KUMAR (Advocate Madras High Court) 14 August 2011
I agree with Mr.Sriram. if she has Grandchildren. Even , in that case, if she has obtained a Consent affidavit from the grandchildren , she can transfer her 1/4th share of property to the Religious Inst.