Will
meg
(Querist) 28 May 2014
This query is : Resolved
Am an indian married to an australian gentle man. for four months now.
have a daughter here on the same visas i have. Bridging visas till we get a TR. after two years of marriage we get a PR when we apply for it.
I have considerable property in my name back home in india.
If all goes well we get a PR and we have a happy married life. My issue is if all does not go too well.
then
I even loose my PR option and plus i want to know if there can be any claims to my property in india.
1) How do i make a will to my daughter which is claim proof if we divorce in some circumstances, Especially before the PR falls thru.
2) How do i keep my property in india acquired before marriage out of the marital pool?
Can i transfer the properties now to some one close to show less assets on my name?
Is there some protection against claims to assests alimony or inheritance acquired before marriage?
We are neither divorcing now and as far as i know none of us are gonna die any sooner :-).
3) does it make a difference that i am woman with a young child whereas his children are with hsi ex wife and claim maintenance which he pays duly.
4)I might start working once i am thru with my TR. in one year's time here in australia.
I do not mind sharing or dividing assets acquired within marraige. I just want to quarantine what i acquired before marriage.
Anything positive will help?
a. I know i can bequeath if something happens to me.
b. But what i want is the freedom to use my own premarital wealth for my wellbeing and my daughters as we both want to be independent in the relationship and do not really want to touch each others properties.
But i am still fearful as in most cases people change when they see a easy way to acquire money.
So for my protection and knowledge i am asking these questions.
Its a humble request to answer them as detailed as possible. It will help me a lot.
thank you
meg
Devajyoti Barman
(Expert) 28 May 2014
1. Will can be executed at any point of time. In any case spouse does not have any right of share in another's property.
2.No need. Property of a spouse can not be touched by another during or after dissolution of marriage especially that of a woman.
3.No
4.Property of your own and that too prior to marriage is your exclusive property.
Nothing to fear at least on legal front on this account.
Rajendra K Goyal
(Expert) 28 May 2014
1. You can make a will in favor of your daughter or can gift it to her and yourself as her guardian till she is a major.
2. Property generally acquired before marriage is free and not taken as martial property for distribution in case of divorce till any law to the contrary exist in the country where proceedings are taking place.
3. No.
Sankaranarayanan
(Expert) 28 May 2014
i do agree Will can execute at any point of time . Property acquired before marriage is your own and no restriction for use or enjoy it ,
Raj Kumar Makkad
(Expert) 29 May 2014
Experts have properly replied on all counts hence no more to add.
meg
(Querist) 31 May 2014
Yeah but here i have read through the google articles about how the courts function.
1. The premarital property is premarital yes Agreed.
but most of this is ambiguous according to one lawyer here.
a. my money that i spend here comes from my savings back in india. So that naturally brings that part into the pool.
b. Tmrw if i spend even a little money from here to pay for something in the house ( say a repair or something) it will be considered to be in the marital pool.
I want a sure fire solution where none of the properties in our individual names is up for bargain or negotiations.
In what ever case.
Please shed some light.
Also IS A STATUTORY DECLARATION THAT NONE OF US WILL TOUCH WHATS NOT IN THE JOINT POOL OR JOINT ACCOUNT SUFFICIENT FOR THE COURTS?
AND Mr. Ajay Sethi this above is not a repeat query.
and a query is repeated if we are not clear and as a layman/woman we willl never be too sure unless assured a 100 times.
:)
meg
(Querist) 31 May 2014
1. What does it mean to say. "excute a will"
I am in Australia.
Now do i sit down with a pen and paper and write down something as simple as "all what i have goes to my darling daughter"?
Or
Do i mention details of each and everything i have. Show it to a lawyer or notarise it?
I simply do not know how to execute a will.
Where to start.
2. Will a WILL made in australia be valid in India?
Devajyoti Barman
(Expert) 31 May 2014
You are advised in detail but you seem to be perennially in confusion as far as individual property is concerned.
You can execute a Will in Australia as well in respect of Indian properties.
Take help of a professional to execute a Will than mere ' sitting down with a pen and paper'.
meg
(Querist) 07 June 2014
Mr. Burman . I am really thankful for all the guidance but to tell you the truth its very difficult for a lay person.
you are a lawyer so you are in the thick of these things and you might find me asking repeat questions.
But you do know there are millions or loopholes one has to look through when executing a will or using the law to your favour.
My last Question.
1. WILL THE WILL I EXECUTE TODAY OVERRULE ANY CLAIM FROM MY PARTNER IN THE FUTURE WHILE I AM STILL ALIVE AND KICKING?
I AM ASKING AS, USUALLY A WILL IS MADE TO PROTECT UR INTERESTS IN THE EVENT OF YOUR DEATH.
PLEASE ANSWER IT AT YOUR LEISURE NO HURRY.
V R SHROFF
(Expert) 07 June 2014
Your last Question.
1. WILL THE WILL I EXECUTE TODAY OVERRULE ANY CLAIM FROM MY PARTNER IN THE FUTURE WHILE I AM STILL ALIVE AND KICKING?
NO: as WILL comes in force after death.
I AM ASKING AS, USUALLY A WILL IS MADE TO PROTECT UR INTERESTS IN THE EVENT OF YOUR DEATH. true.
PLEASE ANSWER IT AT YOUR LEISURE NO HURRY.
Raj Kumar Makkad
(Expert) 08 June 2014
A Will is a document which cannot be used during your life time rather the same shall be for the beneficiary to be used after your death.
You can gift either of your properties during your life time to any other person than your wife, if you so desire.
