• Right of wife in inherited property of husband

I have inheirted ahouse from my father and want to will it to my wife in case of my demise before her. I have two daughters
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
Hi, as the property is ancestral property so you have no absolute right over the ancestral property and your daughters have equal right over the property.

2. You can dispose of your share of the property   by way of will to  your wife and not an entire property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1`) you can execute will in favour of your wife if you so desire 

2) get will drafted by lawyer 

3) have it attested by 2 witnesses 

4) registration is optional 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1) the property inherited by you on your father demise is your self acquired property 

2) you can bequeath the said house to your wife if you so desire . 

3) it is not necessary you give your daughters any share in the property 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1.Assuming the house documents are in your name,  you are at liberty to WILL it to anybody, including your wife and /or children, since the property is your Absolute Property when it has landed in your hand.  Therefore you can execute a 'WILL' in respect of the house property in favour of your wife only.
2.Your wife can be the beneficiary of the property inherited by you from your father, after your lifetime, if it is bequeathed to her by you by executing a 'WILL' in her favour, even though you have two adult daughters, since you are the absolute owner.
3.However it is to be noted that the property is assumed to be self acquired property of your father only and not an ancestral property of your forefathers.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0
On your death both your wife and daughters will inherit your properties in equal shares.
Since its ancestral property you can not deprive your daughters by giving all to your wife alone.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
The inherited property is recognized at par with the self acquired property by the Indian law. So you are free to make a will of it in your wife's favour. Your daughters will have no share therein if you will it to your wife.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Yes, you can execute the will in favour of your wife in presence of two witnesses,

2. It is always advisable to have one medical practitioner as one of the two witnesses so that no body can claim later on that you were not in sound mind when you had executed the said will of yours,

3. It is also advisable to get the said will registered though such registration is not mandatory legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Yes, she can she can solely bequeath the entire property of yours if you so will it.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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if you get her full right in properties then she can alienate it in any legal manner. You shoud give her life interest in the property and finally give that properties in the name of daughter after her death.  so property will be safe for a long period. 

wife is not entitled to get share in ancestral properties but she has right in your self acquired properties. She is the first heir of your self acquired properties. 
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
4.9 on 5.0

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