We are four brothers, Youngest one met with serious accident and died. He is survived with his wife ( No children) She is likely to get into serious and complicated operation soon. Anything can happen to her during operation. If something goes wrong with her. Before planning for operation, she is trying to make a will to distribute this property with her friends and relatives.
Request for your advice as to Who can claim this property? Can she distribute property as per her will?
Asked in Property Law from Pune, Maharashtra
1.Through testamentary succession/Will you can bequeath her property to anyone she chooses.
So let her decide whom to transfer her property.
2. In absence of 1st class heir, her property on death if no Will has been executed will devolve upon her 2nd class heirs like brothers/sisters etc.
Leave the decision to herself only.
Please let us know how she derived title to the property. If she is the Absolute Owner of the property, she can bequeath her property to any body through WILL.
1) is the property standing in name of your sister in law . if she is the absolute owner of property she can make a will bequeathing her property to whom sever she pleases .
2) the will has to be signed in presence of 2 witness es .
1. Only the person or persons to whocm she will bequeath her share of the property, can claim it. No body else,
2. Yes, after the demise of her husband she has inherited her husband's share of the property which she can gift/will/sale to any body she wishes to,
3. In case of selling the said share of the property, she has to offer it first to the other share holders at the same price which has been offered by other buyers.
She is the owner of the property she can make will or gift to the property any body she likes.