Will Deed - A person died due Health issue
1 year ago
Hi sir/mam, I am Divya. I have some doubts about WILL.
A person died due Health issue when his age 33years. 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 to mother in law.
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 Sir,
The deceased wife cannot bequeath entire property of his deceased husband but she could have executed Will in respect of her share only as per following formula.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
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Section 8 of Hindu Succession Act:
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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.
The deceased wife cannot bequeath entire property of his deceased husband but she could have executed Will in respect of her share only as per following formula.
===========================================================
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
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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.
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A.Dear client as per the hindu Succession Act. If a man died without a will his property will be inherited in equal percentage to their 1st class heir which include son, daughter, mother and wife. Since in this case the man has mother and wife they will inherit 50% of property each and the wife can only write a will of that 50% of property.
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A.Dear Client
The surviving wife can not write a will on all the properties where her deceases husband was the owner and she has to first get the ownership of those properties and then she can write a will. By the way since the deceases man did not make a will to his self acquired property hence whatever was in his name will be divided among the surviving mother, father and wife.
The surviving wife can not write a will on all the properties where her deceases husband was the owner and she has to first get the ownership of those properties and then she can write a will. By the way since the deceases man did not make a will to his self acquired property hence whatever was in his name will be divided among the surviving mother, father and wife.
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