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Can wife transfer property through will which is in husband's name


11-Jan-2023 (In Wills / Trusts Law)
A know a family..my friend.. His father passed away recently.. And now his elder brother wants his mother to make a will on his father's property..can she make a will of her husband..without her son's singnatures..and can the will be changed again if needed??
Answers (3)

Answer #1
806 votes
Dear queriest,

In light of the above, any person who has a right over the property can bequeath it to anyone who he wishes, provided they have a title over the property. There is no need to get the signature of the son if the property is now in her name.

Answer #2
656 votes
No. Will can be executed by the owner of the property only. No body can make a Will on behalf of deceased owner. After his death without leaving behind a Will, his property shall be inherited by his legal heirs in accordance with law of succession in equal shares.
Answer #3
686 votes
If the father had died Intestate then the mother may not be the sole owner of the father's property if there are other legal heirs. The property will devolve as per succession laws. The will be valid for mothers share or if made for full property then will be valid only after other heirs have relinquished their rights in the property

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