Power of will
Rajesh Kumar
(Querist) 26 February 2015
This query is : Resolved
Respected Sir(s)/Madam,
We are two brothers. Parents stay with me and i take care of him. Mother expired 1.5 years back. Presently the property(Fixed Deposits/Bank Accounts) are in Joint Name of me and dad. One brother staying separately from many years as his spouse does not want to stay with us. Even my brother does not take care of my dad(and mother also when she was alive), dad still loves him more than me as he was first child in family. Now if my dad writes a Will in my brothers name, whether the Will override the power of Joint Accounts.And what benefit can i get from legal terms being care taker of my parents.
Thanks & regards,
Rajesh.
ajay sethi
(Expert) 26 February 2015
your father can bequeath 50%share of funds in his accounts , fixed deposits to your brother if he so desires
ajay sethi
(Expert) 26 February 2015
merely because you are taking care of your parents does not give you any rights . it is your duty to take care of your elderly parents . they can bequeath property to whomsoever they desire
Advocate Bhartesh goyal
(Expert) 26 February 2015
Your father can bequeath his share(50% of funds & fixed deposits ) to anyone as per his desire.
Advocate Bhartesh goyal
(Expert) 26 February 2015
Your father can bequeath his share(50% of funds & fixed deposits ) to anyone as per his desire.
Rajesh Kumar
(Querist) 26 February 2015
Respected Sir(s),
Thanks to all for quick response. As per the advise provided that "father can bequeath his share(50% of Funds & fixed deposits) to my brother", is it implied that "even will is written as 100% shall go to my brother but as the Fixed Deposits & funds are in joint name of me and dad, i will get 50% share.
Is my understanding correct.
Thanks & regards,
Rajesh
Rajendra K Goyal
(Expert) 26 February 2015
Your father can bequeath his property in the name of any person he wants. Taking care does not entitle you for extra benefit / share.
