Will
Mohsin
(Querist) 08 December 2013
This query is : Resolved
hi
I have property in Mumbai in my name. I have 4 kids. youngest child living with us. Rest 3 are well off and settled abroad. I am planning to make a will giving 25 % share to each of them. practically, I believe on long term, the youngest child will continue to live in it and inherit the house. For emotional reason ( being a family house) we don't plan to sell the house ever (hope). At the same time, I don't want to put the name of my youngest child alone in my will and leave the other 3. I am worried that if I have give 100 % to my youngest child, he might sell it off after my death.
My dilemma-
1- if i give 25 % to each, but happens in long term ie say 30 years from now. If one of the kids turns hostile or their kids ( grand children) wants a share then we will be forced to sell the house.
2- If i give 100 % to youngest, the other 3 will lose all the rights.
I am thinking is it it possible to give 25 % to each and have a clause that on long term, the house reamins a family house and youngest continues to stay in it???
also, How do I find a lawyer for making a will. Do they need any particular qualification, accreditation or can they be any one
Thanks
ajay sethi
(Expert) 08 December 2013
any lawyer with some experience can prepare a will . if you give 25%share to each child problem will arise on your death the other children may want to sell the house and take their 25%share in house . your oungest child may not have funds to buy them out .
it is not advisable to force your children to retain family house . priorities change once they have settled aborad . they may not have emotional attachment you have towards house .
ajay sethi
(Expert) 08 December 2013
amont your 4 children the child that looks after you in your old age should get lion share of your property . further muslim cannot dispose of entire property by will .
Mohsin
(Querist) 08 December 2013
I did not understand the muslim bit. is there a law for muslims of how to dispose of?
in fact, all my 4 kids want to retain the family house
even if I give 50 % to youngest, still the dileema reamins
Rajendra K Goyal
(Expert) 08 December 2013
You may put such a clause in the will. Any lawyer with some experience would prepare the will.
ajay sethi
(Expert) 08 December 2013
muslim cannot dispose of more than 1/3rd property by will .
prabhakar singh
(Expert) 08 December 2013
Yes!Unless there is consent of all heirs a muslim can not write a will for more than 1/3 rd of what he owns but he can gift(make hibba)of all he owns.
R.K Nanda
(Expert) 08 December 2013
agree with experts.
Raj Kumar Makkad
(Expert) 08 December 2013
It shall be better to first seek the consent of the legal heirs to make will and only then obtain the help of a lawyer.
P. Venu
(Expert) 09 December 2013
Law apart, one cannot hope or arrange to take care of all the possibilities and probabilities of life, that too, after one's lifetime.
malipeddi jaggarao
(Expert) 10 December 2013
If your youngest son is financially weaker than the others why not you consider giving this living house to him as he is presently taking care of you? Others are engaged in earning in a different country. Take confidence of all the legal heirs and discuss widely with them about your concerns. Though you have emotional attachment with the property restricting the heirs on their selling rights will not serve the purpose as the property is required only to come to their rescue in case of need. After eliciting the opinions of all concerned you can contact a lawyer who draft the Will as per Law. Also you have to keep in your mind the restrictions for making Will by Muslims and decide either to gift it out or make a Will.
