Partition of the property in case of absence of will by married woman


What can be done if a woman has property in her name which was given to her by her mother, and now that woman wants to transfer the property in name of her 7 year old daughter after her death. And she does not want to give anything to her husband as he is of bad character. And that woman is currently in icu with very less chance of survival. Kindly guide as to what step can be taken that after death of mother the property both movable nd immovable goes in the name of daughter, and not husband. 

Answers (3)


260 votes

She can give her property in her daughter through will and thereafter she become owner of the property and no one claim further on the same. She can even sign on blank paper and there is no need of stamper


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194 votes

Hi. Under the Indian Law of succession, a husband and children of a deceased wife are classs I heirs. By virtue of that all them are entitled to an equal share in the property. In the event the lady does not want the property to go to her husband, she can make a Will in favour of her daughter making some one other than the husband as a guardian.

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144 votes

She can make a will in her name and cn give all the share of her property to her daughter. It requires two witnesses nd will needs to be registered but as she has less chance of servival she can make a gift deed to her daughter

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