Right to make will
Mrunmai Deshpande
(Querist) 22 February 2013
This query is : Resolved
I am a senior citizen with 65 years of age. Me and my wife have movable ( bank balance, bank FDs, shares etc) and immovable assets on individual names and our joint names. We have not inherited any asset from anybody. We both have made separate Wills and made each other the sole beneficiaries in the event of death of any one of us. These Wills are duly registered.
I had a son of 35 years of age, married and has a son. After marriage his wife put lot of pressure on him and hence he had started staying separately from us. After separation he suffered paralysis of both the legs and hence lost his job and hence he and his wife once again started staying with us. Before delivery she was working and had plans to work again once the child becomes 2-3 years of age.
My daughter in law had always misbehaved with me, my wife and my son. She had always insulted us and mentally tortured us. She deserted my son 2 years ago and currently staying with her parents and must be working there. She had carried her son with her, also.She had no plans to come back and did not want to give my son divorce as well.
Few months back my wife and son had passed away. My daughter in law is now demanding money from me for her and her son. As she had mentally, very much, tortured me, my wife and my son and had deserted my son and had no plans to come back. I do not want to give them money, nor I want to keep anything for them in my Will. Can I legally do this. Please advice. – Mr. Vinod
Anirudh
(Expert) 22 February 2013
YES. YOU CAN DO AS YOU WISH SINCE THE ENTIRE PROPERTY IS YOUR SELF-EARNED. BUT AT THE SAME TIME YOU HAVE TO CONSIDER THAT YOUR GRAND CHILD HAS NOT DONE ANYTHING TO YOU OR YOUR WIFE OR HIS/HER FATHER.
THEREFORE, YOU MAY LIKE TO PROVIDE FOR HIS EDUCATION ETC. (THIS IS ONLY A SUGGESTION).
PLEASE REMEMBER, YOU MAY HAVE TO GET THE WILL LEFT BEHIND BY YOUR WIFE, PROBATED. ONLY THEN THE ASSETS (IMMOVABLE / MOVEABLE) LEFT BEHIND BY HER WILL BECOME YOUR PROPERTY IN TERMS OF THE WILL.
Devajyoti Barman
(Expert) 22 February 2013
You are free to do whatever you wish with your self earned property including gift, will. family settlement.
R.K Nanda
(Expert) 22 February 2013
no more to add.
Raj Kumar Makkad
(Expert) 22 February 2013
You are free to make a fresh will as per your whims and wishes as no law prevents to do so on your part, however, the suggestion provided by Anirudh can also be kept under consideration by you while.
