My wife purchased a plot from a real estate company. The plot is registered in my wife name alone and it is not a joint property. I paid the completely money for this plot from my earnings. The reason why I want this plot to be on my wife name is for her financial security. We don't have any children. I am afraid in case of sudden death of my wife her parents might create litigation and may try to grab that plot. My wife has signed a WILL composed on a white paper (WILL not registered). WILL has 2 witness signature. The WILL states that "After her demise she wish to leave the entirety of her assets to her husband" (that is me). I also took a separate written declaration saying the plot is purchased with my money and her parents has not given any money to her to buy that plot. In case of sudden death of my wife who will get that plot ? To avoid any litigation in future are WILL and written declaration sufficient ? Are there any other things I need to follow or do ? Please also tell in the absence of WILL and written declaration who will get that property ?
Hi, If wife died interstate, then you are the sole legal heir of the property. So you will get the property.
[2] In your case she has already deposed the property in terms of Will as per her terms of the will the property will go to you.
[3] It is better your wife can execute 50 % of her share by way of gift to you then both of you will get share in the property.
In case your wife dies intestate you would inherit the property as it was purchased out of funds contributed by you
on basis of will property would devolve on you
will and declaration is sufficient to protect you
The property now lying in your wife's name is her own and absolute property.
Therefore she can very well transfer the property by executing a testamentary disposition in favor of you which is legally valid even if it has not been made by a registered deed.
Besides, even in the absence of any such Will, upon her intestate death, the property lying on her name shall devolve equally on her own legal heirs, I.e. you.
Her parents or any other third person cannot claim any share in the property as a right.
1. The property of a Hindu female dying intestate devolves firstly on her husband and children, not her parents. Her parents will succeed only if she is not survived by husband and children.
2. If your wife does not change her present will then you will succeed to the entire property in terms of the will made by her.
On death of your wife you and your children, if any would inherit the property.
The property would nit go to her parents.
The WILL and declaration is enough to to transfer the property in your name in case of demise. Otherwise too it would normally go to the spouse.
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- Since the said property is in the name of your wife , and it was purchased in her name , then after her death this property cannot be claimed by her parents .
- Further, a WILL is sufficient for claiming the ownership by you after her death , however she can gift that property in your name after executing a registered gift deed.
- Further , if she refuses , then you can file a declaration suit before the court for becoming the owner of the property after proving that the property was purchased from your fund .
- Further , in the absence of a WILL also , her parents cannot claim any right over her left property , as this is her self acquired property and not she got from her parents.
wife's property will go to husband and children and husband's property will go to wife and children. will is not required to be registered but it should be duly witnessed to be authentic. the money given by you will not be relevant as the property is in the name of the wife.
