• Inherited undivided immovable property

My sister-in-law, a widow desires to will her share of the undivided immovable property. Whether she can do so.
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Yes, even undivided share in an immovable property can be bequeathed by means of a will.

She is free to bequeath her interest by means of a will.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

My earlier response tendered, applies even to a case of a son.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sister in law is free to execute will of her share of immovable property to whomsoever she pleases

2) will should be attested by 2 witnesses

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Son can also execute will for his undivided share of immovable property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Firstly, it will have to be partitioned amongs coparceners.

Secondly, then the share which she would be getting out of her husband’s share only that part she can will.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Widow can execute will to bequeath her share in immovable property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) If she has legal rights in the property, than she can make a WILL of her share.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Yes she can make a.will.of her undivided share.

Yes son.also can will.

The will should be registered.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Whosoever has a property irrespective of what is his/her share can execute Will.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

She can draft a will from a advocate and register the same with sub registrar of her appropriate jurisdiction.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

A widow can create a Will legally in respect of her share in the undivided immovable property. Regarding son, it not clear whether his father has got his share or how this son got his share or his self acquired property. Depending upon the above details he can also execute a Will. The minimum requirements for creation of Will are as follows:

Rules governing transfer of property through Will

Making a Will helps ensure one's property devolves as wished and the right heirs receive their fair shares. Under the Indian Succession Act 1925, a Will is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death.

After the death of a person, his property devolves in two ways - according to his Will i.e. testamentary, or according to the respective laws of succession, when no Will is made. In case an individual dies intestate (no Will is made), the laws of succession come into play.

Law of succession

The law of succession defines the rules of devolution of property in case a person dies without making a Will. These rules provide for a category of persons and percentage of property that will devolve on each of such persons.

A Will is a legal declaration. Certain formalities must be complied with in order to make a valid Will. It must be signed and attested , as required by law.

A Will is intended to dispose off property. There must be some property which is being given to others after the death of the testator.

A Will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator . It has no effect during the lifetime of the testator.

A testator can change Will

A testator can change his Will, at any time, in any manner he deems fit. Every person of sound mind, and not a minor, can make a Will. If a person is of unsound mind at the time of making a Will, the Will is not enforceable.

A Will, obtained by force, coercion or undue influence , is a void Will as it takes away the free agency of the person. A Will, made under influence of intoxication or in such a state of body or mind, sufficient to take away free agency of the testator, is void.

A Will can be made at any time in the life of a person. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will.

Will can be registered

Though the registration of a Will is not compulsory , it can be registered with the sub-registrar . If, at any time, the testator wishes to withdraw the Will, he can do so. A Will also can be sealed and kept in safe custody.

On the death of the testator, an executor of the Will or a heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will.

If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court, and is conclusive evidence that the Will is genuine.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear sir

Yes. She can do will falling into her share in the undivided immovable property.

Yes Son can create a will in the undivided immovable property

Feel free to visit us in assisting in getting this done.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

My sister-in-law, a widow desires to will her share of the undivided immovable property. Whether she can do so.

Yes she can do so

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Whether a son can create a will to his share of the undivided immovable property?

yes

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Whether widow can create a will to her share of the undivided immovable property?

If she has a legitimate share then she can create a will at any point of time

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

She can bequeath her undivided share in the property but she has to mention that how and by what source she got this share of property in order to confirm her title to that undivided share of property.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Whether a son can create a will to his share of the undivided immovable property?

Yes, the son, if he is confirmed about his share in the property, then he may do so.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Whether widow can create a will to her share of the undivided immovable property?

The widow can do it in favor of her own legal heirs, if ther are no children to the widow, then the distribution of properties of the widow shall be as per the law of intestate succession

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Undivided /non-Partitioned Property CANNOT willed to non-family members.

2. Undivided /non-Partitioned Property CAN be willed ONLY to joint-related-family members, who already are Title-Owners in the property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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