Will by wife for a property solely in her name but brought by husband
31-May-2023 (In Wills / Trusts Law)
We are a Hindu family, and I am married for 30 years. I am having marital discord with my husband who despite being well off, is not ready to support me financially. I have two sons who are indifferent to my situation. My husband had purchased a property entirely from his resources but it is solely owned by me (it is NOT joint ownership). My husband has taken a bank loan in my name for the construction of the house and the papers are mortgaged in the bank. I dont want to sell the property and I dont want to divorce him.My question is - If I create a will in my brother's name that after my death the property go to his name, will it be valid? If my husband also creates a will in some other person's name for this property, then whose will would prevail?
This property is in your name and you are the sole owner of this property. You can make will in the name of any person, and that will has full legal ground. Your husband is not the owner if the property thus he can not make any will regarding this property. So only your will is going to prevail.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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