Regarding will - doubts about will
1 year ago
Good morning sir/mam, I am Divya. I have some doubts about will. A person died due Health issue. He have some self acquired properties on his name, on his wife name, and jointly with wife name. He have parents, wife only no children. He died without WILL.
After his death, His wife writes a registered WILL about all properties (on husband name property, on her name property and both joint property). Here 'Tastator' is Wife. 'Beneficiary' is not legal heir. After her death,
As per law this WILL is acceptable or any complications? Because 50% share rights to her mother in law on husband name property, 25%share rights on joint property.
When wife is alive, how much she have rights on properties, that will execute to nominee after wife death, as per WILL or not?Please give me advice. Thank you
A.Dear Madam,
The property of deceased was devolved as per following section. The wife can execute Will only in respect of share fallen to her.
Section 8 of Hindu Succession Act:
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.