OS case
5 years ago
My father has 2 brothers and the native property has been divided equally into 3 parts and given to each of them. So my father got totally 5 acres registered on his name. He got married and his 1st wife son was died in an accident and no luck to get child after. Later, he married my mother without getting divorce from 1st wife and wrote a WILL saying if there is any child for any of his wives, the propertly should goes directly to the child. It was written in 1984 and I born in 1991. 1st wife has one brother and her brother's son illegeally got a WILL from her in 2018 for the reason "Since I was caring her she is interested to write a WILL on my name to transfer her property. As it is a native property half of the property should goes to 1st wife son and since he died in an accident it got transferred to his mother (1st wife) as she is the next heir." She died recently.
Eventhough its a native property, it has been divided and registered individually on my father and brothers name. Could you please let me know whether the WILL written by 1st wife is valid or not?
HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS
A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.
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