Naina (CA Student) (477 Points)
04 March 2009Is writing a will necessary? Consider a case where there is a single family with a father, mother and a son. The property is in the name of father. Does father need to write his will for transfering his property to his wife and his son, after his death or it is implied in the law that after father's death property will belong to the son and his mother in equal proportion. Can they transfer the property if father dies without writing his will?
Vinothbabu.S
(Articled Assistant)
(145 Points)
Replied 04 March 2009
CA CS VINAYAK PATIL
(CHARTERED ACCOUNTANT)
(921 Points)
Replied 05 March 2009
| Originally posted by :Naina | ||
| " | Is writing a will necessary? Consider a case where there is a single family with a father, mother and a son. The property is in the name of father. Does father need to write his will for transfering his property to his wife and his son, after his death or it is implied in the law that after father's death property will belong to the son and his mother in equal proportion. Can they transfer the property if father dies without writing his will? | " |
There is no need to write a will because after death of father the property automatically transfer to his son or her wife
Naina
(CA Student)
(477 Points)
Replied 05 March 2009
I don't think, my avtar is too bad but if u didn't like it, I am changing it.
Nitin
(Advocate)
(32 Points)
Replied 06 March 2009
There is no need to write a will in order to transfer his property to his wife and son. coz that will happen by succession by due course of law. and he need not make a will for that.
I m presuming that the family referred is 'hindu' family.
Anyways, no person can dispose off his property by way of will unless it is his self-earned property. if it is his ancestral property, he cannot transfer the property by way of will.
if u still have some querry, pls mail it to me on nitincpawar @ gmail.com
sivadas chettoor
(CA)
(2644 Points)
Replied 21 August 2009
Whether to write a will or not is basically a personal decision of the personr. In the abscence of a will it goes without saying that the properties of the deceased shall devolve on the legal hiers which shall be determined based on the personal law of the deceased relating to succession . It is always advisable to have a will since nobody can predict who shall die and at what point of time. Under the Hindu succession act there are classes of hiers and sometimes ther may be overlapses. Even among hindus there are different sects governed by different laws which may decide the ownership of ancestral properties held before the coming into force of the Hindu Succession Act 1956. Thus it is advisable to study the matter deeply and take a decision. In the case of muslims the islamic law shall apply and in the case of Christians the applicable act is Indian Succession Act 1925.
sivadas chettoor siva208 @ yahoo.com
Live class on PF & ESI Enrollment & Returns Filing(with recording)
CAclubindia
