HelpPlease (N/a) 16 December 2014

What kind of will is valid for my scenario ?

Hi Experts ,

My Query is regarding a will which can suit perfectly for my situation.

Family has 3 daughters and last is a son.

The Whole Property is a self earned property by father.

Mother expired in 2010 without any written declaration about the property separation when two of the properties were in the name of mother but earned by father ( had to register in mother's name as father was a Govt.Employee ).

Now all the sisters are claiming 3 shares for those two properties and wanting to exclude the son's as well as father's share.

Please guide me as to what would be the perfect thing to do so that those two properties can be future safe to be given to the son in the form of a WILL to be declared by the father.

Suggestions and ideas are much appreciated and thanks a lot in advance.

Your's,

Help Seeker.

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2 Replies

Dalip Singh (Advocate) 17 December 2014

After the death of mother in 2010, the two properties vest in equal shares in all her legal heirs. Father alone cannot execute any Will. Best option is to meet together and find out a mutual family settlement and act accordingly. Had the properties been in your name, you can execute the Will in favor of your son. But now you and your deceased wife is being loved by your daughters. Love them equally with your son. However, in case your daughters wish they can relinquish their share/claim in any or both properties in favour of you and/or your son. Choice/love/affection/share is legally in the court of your daughters if you can please them.

HelpPlease (N/a) 17 December 2014

Hi Dalip Sir,

Thank you very much for the reply,

Gold from Mom is being shared among all the daughters already but for the properties , three daughters have filed a case in the court saying we want the two properties to be shared among only 3 daughters but not the son.

Being a father , my wish is to justify all the children's future needs and asked for a mutual agreement on 4 shares including son , excluding my share but there are no signs of positivity on this from daughters.

Kindly guide me a way to make a will for my son so that his future can be made secure considering the share in my property to be given to my son only after my death.

Thank you once again.