1) yiu can execute will bequeathing property to whomsoever you so desire
2) reasons must be mentioned for disinheriting wife
3) will should be attested by 2 witnesses
Will execution
I am in Army. I am fighting case of divorce with my wife since 2012. its filed by me. i want to exclude my wife from my will to be executed for my movable/immovable property. and it should be acceptable to my department also.
Asked 8 years ago in Property Law
Religion: Hindu
8 Answers
1. You are at liberty to execute the 'WILL' for the movable and immovable properties which you own. The selection of the beneficiary through the execution of 'WILL' is entirely your prerogative.
2. Registration of the 'WILL' is not compulsory and the signatures of 2 witnesses is a must.
3. You can execute WILL any number of times during your lifetime and the last WILL would be the one which will be considered.
4. If you want to make any changes to the earlier executed 'WILL', it can be done and is called 'Codicil'.
i have already mentioned that i am in army. where in official documents, my wife is my Next of Kin in all type of Nomination which include Group Insurance, Provident fund, death cum retirement gratuity etc. she is beneficiary. i tried to change it on the name of my father but my officials are not ready to accept it saying that as per Army law i have to make my wife as nominee until i get legal divorce, I remember i had seen in 2012/13 in newspaper wherein Supreme court judgement was there where it was said that if couple has marital disharmony then husband can exclude his wife from his WILL. But i am not getting that judgement or any other authority to show my department. please guide me alongwith supporting authority or law which i can show to my department to accept my changed WILL. thank you
Asked 8 years ago
1) please note that nominee is only trustee fir legal heirs
2) will represents last will and testament of testator and property will devolve only on beneficiary mentioned n the will
3)
In Ramballav Dhandhania v. Gangadhar Nathmall reported in AIR 1956 Cal. 275, the nomination was in the following terms:
"I nominate my wife and my son-in-law, the survivor or survivors, as the person to receive the moneys under the above policy in the event of my prior death"
When there was a dispute regarding disbursement, the Calcutta High Court held as follows:
"A nominee in respect of a policy of insurance under these terms does not become the owner of the money payable to him under the policy. Such nomination Only indicates the person who should receive the money should the owner die. A receiver of moneys is not the owner of the moneys, He has only the right to collect the moneys."
unless divorce is granted you cannot exclude your wife from all such rights. Will and nomination in provident fund etc are stand on different footings. provident fund and assured money are not transferable property under section 6 of TP Act. nominee is the trusty of that property and receives that property as legal heir. after getting divorce she lost this status and no longer be entitled to get property as legal heir. so you can make a will for all transferable properties to any person excluding your wife.
You are free to execute a will to deprive your wife of your property. Your department i.e army has no authority of law to dictate to you how you will devise your property. Once you exclude your wife from the line of succession all the nominations made by you shall stand superseded. No judgment is required for this as this is the basic law.
1. You are within your right to include or exclude any body including your wife from your will even when you are in relationship,
2. Your wife can not not claim any share of your property during your lifetime and you can bequeath your property to any body you want to,
3. Your department has no business not to accept your will.
1. In the instant case, you are not writing any will for your properties but informing your department about your nominee for group insurance though it amounts to and serves the purpose of a Will
2. You ask the person concerned as to under which section of law, you can not change your nominee,
3. You can file Writ Petition praying for a direction upon the concerned authority to sllow you to change the name of your nominee, if you feel that your divorce will take a long time to be decided by the Court.
Hi, Change of nomination will not come to help you and strictly speaking WILL will come into force only after your death and not before.
2. You write a letter to your superior change the nomination to your father along with copy of the order sheet of the divorce proceedings if they fail to change inspite of your request then you have no other options you have to approach High Court filling write of Mandamus giving directions to the authority to change the nominations in your father name.
