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Validity of Will for inheritance of property
05-Oct-2023 (In Property Law)
Kamal Shankaran belonging to Mitakshara survived by Aritri (Hindu wife), three sons, two daughters. Aritri and Kamal got married in 1972 in Kolkata after ten years of happy married life Kamal left for Mumbai and did not return. From 1985 onwards he was in live in relationship with Kias (Muslim women) his office assistant. One son was born out of this relationship in 1989. All the properties belonging to Kamal in Kolkata was managed by Aritri and was in her possession. Kamal in 2000 makes a will of the house property (residential) in Mumbai in favour of Kias and her son. He dies in 2007. (1) Who are all entitled (heir) to the property left behind by Kamal? (2) What is the validity of the will and the transfers made by Kamal?
If the mother is unwed, then the child is entitled to support from the biological father as well as the right to use said father's surname and the right to inherit when said father dies. If they were declared legitimate, then they cannot be discriminated against and they will be on a par with other legitimate children and be entitled to all the rights in the property of their parents, both self-acquired and ancestral.”
During the life of her husband the wife has no rights over his property, real or personal.
On the death of the husband. - If the husband makes a will he may dispose of all his property real and personal and give them to whom he chooses, even though the wife and children get nothing.
During the life of her husband the wife has no rights over his property, real or personal.
On the death of the husband. - If the husband makes a will he may dispose of all his property real and personal and give them to whom he chooses, even though the wife and children get nothing.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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