Will
Manish
(Querist) 24 November 2016
This query is : Resolved
Hello,
sucession planning is very important. So my Father had given a lumpsum amount to my sister. My sister is married,
My Father has one house and some FD in bank. The FD has been t/f to my mother's name since she is the nominee. MY father is no more.
My father has a court registered will which says that after his death, both his movable and immovable property will go to his wife and his son only and no one else.
Now to prevent any future complications, my Mother wants the following. Pls comment whether below points are ok and pls add if something more needs to be done.
1) My Mother wants to make a will, that after her death, the house and other immovable assets will go to me and only me.
So what should be written in her will. Will her will also mention the will details of my Father ?
2) For Info,In the FD in her name, Iam the nominee
3) Do we need to do any other thing like giving some notice in a newspaper etc to prevent any future problems.
Pls note that my sister is not claiming anything nor any intention to do so. But to be on same side, My mother wants to be careful
regards
Manish
Kumar Doab
(Expert) 25 November 2016
It is better to narrate the details of immovable and movable property in WILL.
Bank shall discharge its responsibility by making the payment to Nominee.
The WILL is registered and as per your post is not likely to be contested.
Submit the WILL to authority under whose jurisdiction property falls, and thus let it be acted upon.
The authority shall transfer the property in the name of beneficiaries and nature is self acquired in the hands of beneficiary ( mother and you).
Your mother and you can write your WILL.
Prefer to register the WILL.
Rajendra K Goyal
(Expert) 25 November 2016
You asked:
My Mother wants to make a will, that after her death, the house and other immovable assets will go to me and only me.
Reply:
She can bequeath a will (registered better)accordingly. She can mention along with the present assets that all assets may be acquired by her / inherited / got would be inherited by you. She may include movable assets in the will if she wish. have not
You asked:
For Info,In the FD in her name, Iam the nominee
reply:
Mandate in the FD should / may be changed to "Former or Survivor."
It would be better option.
You asked:
Do we need to do any other thing like giving some notice in a newspaper etc to prevent any future problems.
Reply: No news paper notice required.
Kumar Doab
(Expert) 26 November 2016
You have posted that:
"Now to prevent any future complications..........................is not claiming anything nor any intention to do so. But to be on same side, My mother wants to be careful"
Therefore it shall be better to submit the WILL of your father and act upon it, without any cloud on it.
Guest
(Expert) 26 November 2016
Very simple, your mother can repeat the actions in your favour, whatever your father adopted in favour of your mother.
So far as future complications are concerned, nobody can anticipate in advance, as that depend upon the mindset of the challenger and the prevailing legal provisions of that time.
Kumar Doab
(Expert) 26 November 2016
The most simple way out is that;
it shall be better to submit the WILL of your father and act upon it, without any cloud on it.
The authority may ask to get NOC from other legal heirs and/or advertise in newspapers and thereafter transfer the ownership to beneficiary in WILL.
