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Registration of Will
25-11-2024

Can an Indian Hindu husband who has two wives, after the death of the husband, both the wives on the same day give away the property in his name to another person through separate wills? Whether the will so modified is valid or not.

•Answers Posted by Experts
Response 1.

Dear Sir, The wife/s do not get entire property of husband for herself unless they are not having children. To the extent of share of respective wives can be bequeathed through individual Wills and not entire property of the deceased.

Kishan Dutt
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Response 2.

Dear Client, When a male Hindu dies intestate means without writing a Deed of will, then his property is distributed to his legal heirs according to the Hindu Succession Act, 1956. If he wrote a Deed of will then beneficiaries are only authorized persons. Both the wives on the same day cannot give away the property in his name to another person through separate wills. Both the wives have no right to modify the will.

Satyanarayana K
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Response 3.

Dear Client, you cannot made separate will. wives has no authority to prepare separate will, only they can transfer their respective shares over the property. will can be modify during the lifetime of testator not afterwards. hope this advice help you. for detail discussion feel free to contact us.

Ayantika Mondal
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Response 4.

Dear Client, based on your question, wives cannot create will separately, wives can be the legal heirs of the property only. Under the Hindu Succession Act,1956, will can be made by the person during his lifetime. if the husband didn't make any will then wives has no authority to create separate will . Wives can only transfer their respective shares of the inherited property. Hope this advice help you. For details discussion please feel free contact.

Advocate Anik
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Response 5.

Dear Client, based on your question, wives cannot made will separately, wives can be the legal heirs of the property but under the Hindu Succession Act,1956, will made before the death of the person. if the husband didn't make any will then wives has no authority to create separate will and only transfer property their shares accordingly. Hope this advice help you. For details discussion please feel free contact.

Advocate Anik
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Response 6.

No, unless and until WILL is not probated till then beneficiaries under the WILL cannot transfer their properties received under the WILL. If properties are within Union territories then no probate in respect of WILL is required. Though as per law only first marriage is valid and second marriage during existence of first marriage is void and illegal but being void second marriage does not create any embargo nor it deny so called second wife to be beneficiary under the WILL. .

Siddharth Srivastava
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