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Validity of will if there is a co-owner in prooperty
01-Sep-2023 (In Family Law)
A man who is the sole earner becomes a member of a housing society. The society allots him a house. The man pays the society by taking loan in his own name and then pays the entire loan amount from his salary by installments. Although the society has allotted the house only in his name, the man gets the house registered jointly with his wife as co-owner. The man writes a will regarding disposal of the property after his death. Q- Is such a will valid? Can the wife later dispose the property according to her wishes?
Sir,
Above will according to question is valid and co owner is full legal rights dispose the above property & society has allotted the house is fully right wife as co owner.And other party no power of disturb will right.
Above will according to question is valid and co owner is full legal rights dispose the above property & society has allotted the house is fully right wife as co owner.And other party no power of disturb will right.
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Adv. Ashok Mishra
Lucknow | 25+ Answers
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You didn't tell wheather it is cooperative society or others .normally if specially mentioned this in your society act it's not valid otherwise in other term his will be valid . Anyadult person with sound mind can will about his or her property .
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Adv. Lubna Ishrat
Noida | 200+ Answers
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Yes, such a will is non-est since the husband could have parted away with only his 1/2 share in the property by executing a will. Thus, may challenge the validity of this will since the husband could not have taken a decision w.r.t. the entire property/house in his will. She's free to whatever she wishes to with her own 1/2 share in the property.
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