Can wife make a new Will on behalf of dead husband?

669 votes

If your grandfather divided that ancestral property between three legal heirs,. And all names are reflected in the name of three persons,. So that your grandmother having 1/3 share in that property ,. So she can transfer her share to your uncle by making will,. Your father having 1/3 share in that property but it's undivided share,. Ask your father to claim for partition deed,. Or make partition suit .

Advocate Swapnil Harihar Patil LawRato

520 votes

Dear Client,
In your query you said this is your grandfather's ancestral property that mean is that your grandfather's forefather's property or your grandfather's self acquired property?
If it is your grandfather's forefather's property and your grandfather got his share in partition then this will be like his own self-acquired property.
But if it is purely ancestral property then even your grandfather didn't had right to distribute it as per his wish. Division should be as per Indian Succession Act and as per Hindu law.
But if is like self acquired property then your grandfather had right to distribute it as per his wish. So his division of property as per his wish was his right.
And in this scenario if your grandmother received this property share then this will be like her self acquired property. Even your father's and uncle's respective shares also will be their shares like self acquired property/share. So in self-acquired property owner have full rights over his/ her property. He/ she can transfer it to anyone and/or divide it to anyone as per his/ her choice.

Advocate Seema Vithal Mangaonkar LawRato

611 votes

For your first question regarding whether a wife can make a new Will on behalf of dead Husband, No. That cannot be done according to law. If he already has a will then after his death, that will shall take effect. If he did not have a will and dies (meaning he died intestate) then the law of succession according to his religion would apply.
Your father can file an FIR on behalf of your grandmother that she is being forced to make such will.
When consent to an agreement is caused by coercion (force) the agreement is voidable at the option of the party whose consent was so caused (meaning if she does make such a will then she can void the will if she so chooses).

Advocate Manohar Shetty LawRato