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Can late brother's wife Will late brother's property to someone else?


04-Jan-2023 (In Property Law)

Can a female Hindu in Delhi who is issueless and has inherited business and properties of her late husband in delhi make an unregistered will in favour of her brother and another unregistered will in favour of her sister by which she has given whole inherited business to her brother and inherited movable properties to her sister?

 

On demise of female when these 2 unregistered wills exist, can the brother of the late husband claim right in business and immovable properties ?

Answers (1)

Answer #1
189 votes

If the properties and / or business were self acquired properties of the husband of the female hindu in question, then yes, she can definately bequeth the same according to her wishes.

Further, even if the properties were not the self acquired properties of the husband and were ancestral, then it seems the properties were already partitioned and his brother would have got a share in it.

However, it is better to execute a single will rather than two diffrent wills, even though you may or may not get the same registered. The will which is duly registered is obviously on a better footing than the unregistered will.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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