ranjith 19 December 2019

Testamentary succession

Can a Testator (HINDU)

1) write a WILL without owning any property in his/her name?

2) write a WILL on the property of her (late) husband which is not partitioned?

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6 Replies

Sb Karma 19 December 2019

1) if no property then...no one can incllude property in will

2)If property is in her name then she can...other wise not

for best assist please get assist from local lawyer,,because online it is not easy to help without seeing facts(actual) of the case

Shashi Dhara 20 December 2019

1)Yes any one can write will,the will becomes to force after his death if he has left or owned anything mentioned in will.2)yes will can be made on unpartitioned property he has to prove genuiness of will and file suit for partition and take possession in his entire life span.

SHIRISH PAWAR, 7738990900 (Advocate) 20 December 2019

Dear sir,

If testator does not have properties of their own. Then writting will is waste.

Regards,

Shashi Dhara 20 December 2019

Even the testator has property and willed during his lifetime sell or gifts any willed property then also it is unable to enforce.if he creates charge on it then the person who acquires it thru will has to discharge the liabilities.