Will - if it has been registered and rights of a stepmother on husband's assets
Saggies
(Querist) 08 September 2015
This query is : Resolved
Hi,
Firstly I would like to know if a person has registered a will or not? the person is still alive.
Secondly, what rights does a stepmother has on the assets owned & earned by her husband and what rights his children with deceased mother have.
Thanks.
P. Venu
(Expert) 09 September 2015
Please disclose the material facts.
Guest
(Expert) 09 September 2015
State the real problem, if you have any, instead of an academic query.
Rajendra K Goyal
(Expert) 09 September 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Will-how-to-know-if-it-s-registered-also-rights-of-stepmother-559011.asp
Kumar Doab
(Expert) 09 September 2015
Repeated Query.
State full facts.
Saggies
(Querist) 09 September 2015
My father says he has registered a will, I just wanted to know if he has really done that.
Secondly, my stepmother and her daughter are trying to get as much assets possible from my father on the will. My question is what rights do I have on the assets built or created by my father , me being a son of 1st mother (deceased).
Kumar Doab
(Expert) 09 September 2015
You have no forced share in self acquired property of your father. Your father can give his self acquired property in his life time to anyone by sale/gift/WILL etc or even mortgage...................without your consent.
You can have a share in ancestral property of your father and mother.
You can have a share in self acquired and ancestral property of your deceased mother.
Kumar Doab
(Expert) 09 September 2015
If your father mentioned that he registered a WILL at your location then registration is done by registering authority in SRO.
Saggies
(Querist) 09 September 2015
So, step mother has entire rights on my father property? What rights does my stepsister and myself have? And can the registered JOINT WILL be changed by my stepmother after my dad passes away?
Sudhir Kumar, Advocate
(Expert) 09 September 2015
based on the brief facts provided by you Mr Kumar Doab has replied well.
Kumar Doab
(Expert) 09 September 2015
From your last post it can be guessed that you have been reading......................which is a good thing.........................and/or you have consulted a lawyer..................which is another good or best thing to do.
You, and stepmother, and anyone else be it even mother of your father ..........................have no forced share in self acquired property of your father. Your father can give his self acquired property in his life time to anyone by sale/gift/WILL etc or even mortgage...................without your consent.
The Will is enforceable only after the death of the testator.
The WILL conveys last wishes of the person that has left a valid WILL.
NO one can change it.
Two or more persons can make a joint Will. If the joint Will is joint and is intended to take effect after the death of both, it will not be admitted to probate during the life time of either and are revocable at any time by either during the joint lives or after the death of the survivor.
A WILL can be challenged.
You may better consult a lawyer specializing in family, civil matters and express everything that you are unable to express here and get your answers.
Is your father not leaving anything for you?
Why is your father bent on giving everything to others? After all you are also his flesh and blood!
Parents usually do not discriminate!
Make up with your father.
Saggies
(Querist) 09 September 2015
Thanks a lot for your response Mr.Kumar, really appreciate it. My father says he will leave what I rightfully will inherit as a Son, but is not disclosing the facts clearly. But i'm not convinced with his assurance.
My concern is if WILL can be JOINTLY done, then after my DAD my step mother might change the WILL for her and her daughter's convenience. Is that possible, please let me know this.
Eventually I will hire a lawyer for sure.
But, sincerely appreciate your feedback on this.
Kumar Doab
(Expert) 09 September 2015
You are welcome!
Probably your father is also sure that 'Eventually you will hire a lawyer for sure.'
From your last post it can be construed that your father is considerate to you and also that he has realized the need of leaving a valid and that too a registered WILL.
Since your father is considerate he may agree to make the contents of the WILL known/handover the copy of the WILL/ may even ask to receive it.
From your posts it is not possible to understand the WILL in question is joint or Mutual or Conditional etc............
With my limited understanding I am unable to understand how can the WILL be changed!
Therefore it suggested that you may consult an able lawyer/law firm.
You may wait for the advise of seniors and other experts.
Saggies
(Querist) 10 September 2015
Thanks again Mr.Kumar
T. Kalaiselvan, Advocate
(Expert) 17 September 2015
The will cannot be enforced during the life time of the testator. Your step mother or even you do not have any rights in your father's self acquired property during his life time and if he hasexeuted any willthat willcome into force only after his departure from this mortal world and on that, the beneficiaries mentioned in it alone will have rights over the property bequeathed in it.
Guest
(Expert) 18 September 2015
Mr. Saggies,
Your clarification has created more doubts about your query to be of merely of an academic nature, rather than pertaining to real life fact.
The main reason of doubt is, when on one hand you say, "My father says he has registered a will," but on the other hand you have said, "my stepmother and her daughter are trying to get as much assets possible from my father on the will."
The question arises, when the will is registered, how they can get as much assets from your father against their share mentioned in the registered will?
However, on the given facts (true or false) it is for your information, neither the will can be made effective, nor you can make any claim on your father's self earned property during his life time, nor you have any right to know the contents of the will against the wishes of your father.
However, if your story is real to any extent, better state the real fact with proper description of the background of the case.
T. Kalaiselvan, Advocate
(Expert) 18 September 2015
It is the turn of author to reply expert Mr.Dhingra's subsequent questions and doubts.
