Name of male friend (live in relation) in the "will"

Querist : Anonymous (Querist) 09 August 2024 This query is : Resolved
A lady purchased on Joint / Co-ownership basis with her husband, a Residential Flat, Husband Died long ago, later on Co-operative Housing Society of the Building endorsed her husband's 50% share into her name to make her 100% ownership. Now she wants after her death, give 50% of her immovable Residential property rights to her adopted Son and 50% she wants to give to her Male Friend (Live in Relationship) and she wants to make a Registered WILL for the same and make her Friend as EXECUTOR for performance of WILL. Can she do so? What are challenges, because adopted son seems a Legal Heir but her Live in Relationship Friend is also a Legal Heir.
What procedure her adopted Son and her Male Friend (Live in Relationship) need to follow to post her Death to obtain property into their name.

Technically Her adopted son never stayed with her, though she bear all expenses till date, he is staying with his real biological Mother, and adopted Son has mentioned name of his Biological Father in his PAN, AADHAR instead of person who adopted this child (now adult), will this make any difference ?

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A woman co-owned a flat with her late husband, and now holds 100% ownership. She wishes to leave 50% of her property to her adopted son and 50% to her live-in male friend via a registered Will, appointing the friend as executor. While an adopted son is generally a legal heir, a live-in partner is not automatically considered one. The validity of the adoption and the clarity of the son's legal documentation (using biological parents' details) are key factors. The property owner can indeed bequeath her property to anyone in her Will, regardless of their legal relationship.

T. Kalaiselvan, Advocate (Expert) 09 August 2024
If there is a legally valid adoption deed to establish that he is the adopted son, then he can become a legal heir to his adoptive mother.
If adoption took place after the death of his adoptive mother's spouse then the deceased spouse cannot be an adoptive parent.
Whatever the live in relationship partner cannot become a legal heir to her.
The property owner can name anyone as her beneficiary in the Will, however she may mention the reason for bequeathing her property to a third person who is not related to her.

kavksatyanarayana Online

(Expert) 09 August 2024
The adoption, if the biological parents gave adoption to the adoptive parents by their rites and customs with other kith and kin or legally any deed executed by them whether registered or not is valid. So if he were adopted he would be a legal heir and have right over the property. The lady purchased the property with her husband as a joint owner; hence, the share of her husband shall be divided between her and her adopted son and for her 1/2 share, she can do as she likes. If she dies intestate entire property will devolve on her adopted son.

Sudhir Kumar, Advocate (Expert) 10 August 2024
If the son had been using names of his biological mother and father in papers it seems there is no adoption.

come clear with facts:-

1. whether adoption was verbal only.
2. what was age of child?
3. what is religion of child and his adoptive parents.
4. was he already adopted / married?

P. Venu (Expert) 18 August 2024
In a Will, testator can bequeath the property in favour of anyone. Legal or emotional relationship are of no consequence. It is not mandatory that a Will be registered.
In certain specific cases, a Will requires to be probated.

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