writing of a will
Om Parkash Hurya
(Querist) 30 July 2014
This query is : Resolved
I entered into an agreement to sell for purchase of a flat in the joint name of myself and my daughter and paid earnest money and part payment out of my earnings and income. But the seller has not executed the sale deed in our fvr. and the case is pending in Delhi court RFA.I am 66 yes old and wish to bequeath the suit property to my daughter .besides I have another daughter who is married and is having one daughter. Kindly guide me.
Sudhir Kumar, Advocate
(Expert) 31 July 2014
make a will that she will be the sole beneficiary of the outcome of the suit or any other suit filed in respect of the property.
Devajyoti Barman
(Expert) 31 July 2014
You can execute Will during the pendency of the suit as well.
Rajendra K Goyal
(Expert) 31 July 2014
Execute the will in favor of your daughter. Take assistance of your lawyer.
ajay sethi
(Expert) 31 July 2014
agree with experts
Dr J C Vashista
(Expert) 01 August 2014
I have similar opinion as advised by experts. Seek assistance of your lawyer and execute a will in favour of your daughter or any one else you wish to be beneficiary of the 1/2 share of the flat.
T. Kalaiselvan, Advocate
(Expert) 02 August 2014
Yes, you can execute a Will in favor the beneficiaries bequeathing the properties in proportions as you desire based on the outcome of the pending case before the court.
Sudhir Kumar, Advocate
(Expert) 02 August 2014
even if you take help of lawyer or write yourself. the will should clearly mention that (i) who you are (ii) what is your religion (iii) what is your age (iv) where do you reside (v) full details of property you are giving (vii) any condition of transfer of property (viii) any limitation of transfer any limitation (ix) any alternative beneficiary (x) full details of age and religion of the beneficiary (xi)date (xii) place of signature (xiii) full details of two witnesses
If it is registered then it cannot be challenged on the grounds of authenticity but still can be (rather will be) challenged on other grounds.
Even if not registered it is still binding after sustaining the challenge by opposite party.
