Wife make a will for the property & assets acquired from husband


My father died without a will. We are three brothers. All three of us signed all the assets of my father (self acquired by him) in favour of our mother. She became the owner of the apartment, shares and bank balances. Now my question is whether she can make a will for these assets that she acquired ? We are hindus.

Answers (2)


350 votes

As per the Hindu Succession Act, when a hindu dies intestate their assets are to be distributed with an equal share to all dependents.
Since, that is the case here your mother, brothers and you were equal shareholders in the property.
In order to allow your mother to include these properties in her will, the instrument by which your interests in the property were transferred to her must be examined.
If the transfer was valid, then she can may a will for the assets.


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123 votes

The question is not clear 'All three of us signed all the assets of my father (self acquired by him) in favour of our mother' means what? By what method you have signed and for what purpose
Is it for transfer of khatha of the apartment or your share in the apartment
Is it by an agreement or registered document
Unless you make clear these facts no legal opinion can be given rightly

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