Will
Hari
(Querist) 20 August 2016
This query is : Resolved
Hi,
Thanks for your insightful articles. Request your response on the following:
I have a sister and unfortunately the relationship is not very healthy. Besides she is fairly well off from her husband and that side of their ancestral property. My parents have assests spread across their names and have verbally confirmed that all their assets will belong to me post them. Given the law granting equal right to siblings on parental property and my parents affirmation that all their assets will be bequeathed to me - am wishing to have a will documented and registered. Except for a miniscule portion; all assets are self-earned by my parents.
Request your guidance around:
1. Making the WILL legally valid and irrevocable.
2. Despite the WILL can there be any claim my sister or her husband can make at a later date.
3. My parents wish the will to bequeath their assets to either of them who survive the other and only upon both of them moving on (death) to me. How do I articulate this on the WILL.
4. What is the suggested value of stamp paper to be used to have the WILL registered. Also pls guide around how to go about registering the WILL.
5. Also, what kind of documents do I need to carry to the registrars office. Both from my end plus my parents
6. Since assets are legally owned by my father and mother separately. Can a single WILL with a reference to ‘We’ or ‘Our Assets’ being bequeathed to me post death of both – be possible or would it require two WILLs executed by both separately.
Regards
Krishna
Kumar Doab
(Expert) 20 August 2016
It is better to register the WILL.
Even a registered WILL can be cancelled.
The wish in the WILL is supreme and shall hold.
Your counsel can draft the WILL to suit the wishes of your parents; Father/mother.
Devajyoti Barman
(Expert) 20 August 2016
Will even if registered can always be challenged and if challenged the court takes decades to decide on this.
So you better execute a Gift Deed or Family Settlement Deed which takes immediate effect and is not prone to such challenge.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
1. Making the WILL legally valid and irrevocable.
ANY WILL SIGNED BY THE AUTHOR IN PRESENCE OF TWO WITNESSES ON SPECIFIC DATE AT SPECIFIC PLACE IS VALID IF IT HAS DESCRIPTION OF
(I) ALL PROPERTY TRANSFERRED.
(II) DETAILS OF THE PROPERTY TRANSFERRED.
(III) FULL DETAILS OF THE PERSON TO WHOM TRANSFERRED.
(IV) SPECIFIC DETAILS OF THE PERSONS EXCLUDED, IF ANY.
NO WILL IS IRREVOCABLE.
IF YOUR PARENTS TRANSFER PROPERTY TO YOU IN LIFE WITH (WHICH AN INDIAN PARENT WILL NOT DO) THEN IT WILL BE SAFEST.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
2. Despite the WILL can there be any claim my sister or her husband can make at a later date.
EVERY WILL IS MEANT OTO BE CHALLANGED AND IT WILL BE CHALLENGED ON FOLLOWING GROUNDS :-
(i) property was ancestral and parents had no right to will it.
(ii) description of property is vague.
(iii) signature of father are forged (in case WILL is not registered).
(iv) father/mother was not in healthy state of brain at the time of WILL.
(v) you had exercised undue influence/ coercion/ violence on them to sign the will.
(vi) Your father/mother or the attesting witnesses were not present on the time and place stated in the will.
(vii) you have killed parents (or cause3d death due to neglect in old age) before they could change the WILL
and many more grounds can be invented.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
3. My parents wish the will to bequeath their assets to either of them who survive the other and only upon both of them moving on (death) to me. How do I articulate this on the WILL.
YOU HAVE BEEN GIVEN NECESSARY DETAILS REQUIRE DIN A WILL AND TAKE BENEFIT OF SOME LAWYER'S SERVICES.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
4. What is the suggested value of stamp paper to be used to have the WILL registered. Also pls guide around how to go about registering the WILL.
NO STAMP DUTY REQUIRED.
YOUR PARENTS WILL HAVE TO APPEAR BEFORE REGISTRAR. CONTACT TALUK OFFICE FOR PROCEDURE.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
5. Also, what kind of documents do I need to carry to the registrars office. Both from my end plus my parents
ID PROOF/ ADDRESS PROOF.
CONTACT TALUK OFFICE FOR FURTHER DETAILS
Sudhir Kumar, Advocate
(Expert) 21 August 2016
6. Since assets are legally owned by my father and mother separately. Can a single WILL with a reference to ‘We’ or ‘Our Assets’ being bequeathed to me post death of both – be possible or would it require two WILLs executed by both separately.
BOTH NEED TO WRITE SEPARATE WILL.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
Further are you sure they will write the will and go to Taluk office for registration.
I say so because Indian parents generally specilise in creating as much trouble as possible for the child who looks after them in old age so that his siblings can harass him to the best.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
YOU CAN REFER TO SIMILAR QUERY AT
http://www.lawyersclubindia.com/experts/Married-daughters-rights-to-father-s-self-acquired-property-612506.asp
dr g balakrishnan
(Expert) 21 August 2016
intestate succession only will is not tenable.
Raj Kumar Makkad
(Expert) 22 August 2016
Who including me can be in disagreement with expert Sudhir who has devoted full time and energy in responding to your precious query.
Rajendra K Goyal
(Expert) 22 August 2016
Agree with the expert Devajyoti Barman.
Kumar Doab
(Expert) 22 August 2016
In your query: 3,6
Joint WILL might be possible/suggestible.
'Joint Wills: Two or more persons can make a joint Will. If the joint Will is joint and is intended to take effect after the death of both, it will not be admitted to probate during the life time of either and are revocable at any time by either during the joint lives or after the death of the survivor.'
For expenses, documents etc you have to make inquiries with your counsel on your own.
However your own counsel that has examined all docs on record ,inputs, wishes of owners (your parents) can update you.
I too concur with Mr. Barman on registered family agreement.
If your parents agree registered family agreement may be preferred and it shall leave NO scope for speculations in future.
dr g balakrishnan
(Expert) 22 August 2016
even miniscule portion is inherited, then the whole is moving into total intestate succession principle, Will when probating will be questioned once the public notice is issued in the well circulated dailies, once that rule is satisfied the court uses its administrative jurisdiction, not adjudicatory jurisdiction. so probate is obviously just testamentary jurisdiction so questionable later too sir.
