Whether Hindu wife is entitled to write a Will ?

Question

Husband govt.employee, expired on 1979 leaving wife, 6 sons and 6 daughters,having 350sq.yards of land. Wife constructed the house out of his savings and with her jewelery and staying in that house. Is she entitled to write a Will and divide the property to her 3 sons and 3 daughters. Property is self acquired.Please suggest. whether is it admissible ?..

Answer 1

Firstly it has to be seen in whose name this piece of land 350sq.yards is registered. If it stands/registered in the name of the deceased husband then even if this widow of this deceased husband constructed the house out of his saving & with her jewelry & stays in that house cannot make any will or any testamentary document with regard to this property. In such case this property of the deceased who died intestate i.e. without making any will has to be shared amongst his entire class 1 heir that includes his widow, his 6 sons & 6 daughters. What this widow can do in such case is to make will with regard to her share out of this property. As far her contribution (her jewelry) for construction of the house on this piece of land can be claimed by her separately at the time of the partition of this property as it was her stridhan on which as a Hindu wife she has an absolute right.

Answer 2

First of all, what type of property it is, DDa, L&do, or any other agency. Secondely is their any will by her husband, if not then the property must be mutated in the name of the legal heires of the dises, by the way of relinquishment deed, (all other legal heires must relinquish his share in the name of mutate) then the mutate will be the legal owner of the property, then he/she can do the will, & give the shares to sons & doughters. Even she is Hindu wife that does not matter.

Answer 3

Of course yes!

Answer 4

Certainly yes. My mother did.

Answer 5

She has a wright to write the will as she likes it.

Answer 6

Messed up culture.

Answer 7

yes certainly

Answer 8

yes.