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deekay (..)     25 May 2012

Property suggestion urgently required

I am 62yr old man. My wife died a year ago. We didn't had any child. So my wife in the year 1988 asked her brother and brought his child ( a boy) and since then we were taking care of the boy fullfilling his every small & big wishes. The boy was not legally adopted, but he meant to us more then a real child for me. We didn't adopted him as he was the only child of his biological father, and had agriculture lands.

Now as I dont hav any son, and the child i m having is looking after me. I want to transfer my 80 acres agricultural land to him. But the problem is we are two brothers & one sister. We two brothers equally divided the property among us with out any dispute. But 6 years back my sister along with her son claimed for the property and took the matter to court. The dispute is still going on in high court.


As my age is 62 yrs, and don't trust the life as wat may happen next, I want to make a registered will on the name of child i m keeping since he was 2 yrs old. How can i do the registered will on his name? Will the on going dispute of land in court may lead to cancellation of will after my death.

Please suggest me wat to do, as in simple words i want to transfer my property to the child i m keeping, and in no matter the land must to any biological member of my family.



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 May 2012

The pending case does not bar you to execute the will.  You can exeucte the will to the extent of your share.  Your care taker will get the tittle after the decree.  Even during the pendency of the suit anything happened to you, on the basis of the will he can fight the case for your share.

deekay (..)     25 May 2012

Thank you Rajeev ji. Can u also please ellaborate the procedure of making registered will, and can any one from my biological family challange the will in my absence after getting registered also. And wat may happen if it is challanged. Will my share be ancestral property or earned property.


Also apart from making registered will is there any other procedure of transfering the property to the child i am keeping.

Rajeev Kumar (Lawyer/Advocate)     26 May 2012

I am differ from adv. rajeev as per as section 52 of TP ACT during the pendency of the suit the property can't be transferred until the final disposal of suit. You may make a will only inserting a clause that whatever my share is given in the suit of that portion the will is enforced.

RAHUL TOMAR (ADVOCATE)     27 May 2012

hello first you should file a plea/request with the help of your advocate before the Hon'ble court  regarding your above said statement, because if court is accept your plea/request regarding your wish then you can will your property to your child.

 

RAHUL TOMAR (ADVOCATE)     27 May 2012

hello first you should file a plea/request with the help of your advocate before the Hon'ble court  regarding your above said statement, because if court is accept your plea/request regarding your wish then you can will your property to your child.

 

deekay (..)     04 October 2012

Suppose I make a plea in front of court for the registered will and the court accepts it. The will is now registered with 2 witnesses. Now my question is (the property is ancestral with equal divisions between my father and his younger brother, and then between my elder brother and me)

(A) Can the will be challenged by any family member? ( My wife passed away, i don't have any subject, I have an elder brother and his wife who have a daughter, I have a sister who has 5 son's, My 2 cousin brothers). The case for property is going on in court between my elder brother and me vs. my sister. Other then my brother and sister can my cousin brother challenege the will ?

(B) Will the house can also be challenged under the registered will which i have owned from the money i earned during my service?

(c) if i adopt some one can some one still challenege the property ?

Please suggest me a proper way in which i can make the boy ( who is taking care of me ) the leagal hier of my property.


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