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Can I gift my flat to my divorced wife through my WILL Can I gift my flat to my divorced wife through my WILL

9 months ago

We got divorced through a mutual consent and have been living happily last 10 years. I want to gift my own flats to my ex wife through a legal WILL as we both remained unmarried post our divorce . Kindly advise how to document that .

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
As per Section 2(h) of the Indian Succession Act, 1925 Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. If the flat is your self-acquired property then, you can transfer the title of your said property to your ex-wife through a registered WILL. The will must be in writing, signed by the testator or by someone else at the testator's direction and in their presence. It must also be signed by at least two witnesses. A will exists in perpetuity and there is no bar on its enforcement. The beneficiary in whose name the will is written gets an indefinite right to get it executed anytime after the death of the testator as the will remains valid for time immemorial.
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Anik

Responded 9 months ago

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A.Dear client,
There is no limitation as provided by the law that prevents you from transferring your property to your ex wife through a will. You can do it and it will be legally valid
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