Will and nominee
Querist :
Anonymous
(Querist) 17 February 2019
This query is : Resolved
A friend of mine who is married and no kids, Roman Catholic, Sr. Citizen, staying in Karnataka state wants following guidance:
a) The house is in his wife’s and his name. Both of them have made two separate WILLS on an ordinary paper and KEPT in the bank locker in sealed covers. These WILLs are made in the name of their childhood friend and classmate. The friend is also an executor. These assets are self-acquired. They have made provision to extend monitory help to a couple of servants working for them in the house.
b) Also, he has not taken or claimed any share from his parent ’s property. The Wife is in agreement with her husband.
c) These WILLS are not registered and made in plain papers and kept in the BANK LOCKER. Is it necessary to register the WILL to avoid any complications and/or trouble from his brothers and sisters?
d) The Only condition of the WILL is their organs and bodies are to be donated to the hospital and in the event hospital refuses, then they want their bodies to be cremated without any Religious Rites. They feel that the body without Soul loses its value and therefore religious rights are of no use.
e) Moveable assets viz. Saving Bank Accounts, FDs, Locker, and Gold have the same person as Nominee who is also entitled to get his immovable assets.
f) My wife and I are witnesses to these WILLS and my friend wants us to extend all help to his friend to carry out the above exercise and want us to ensure that his assets go to his friend to whom he has WILLED. The copes of the WILLS are kept with me and Originals in the LOCKER.
Need to know whether it is important to register the WILL.......
Can the WILL and Nominee stand on the same person?
.
Thanks
kavksatyanarayana
(Expert) 17 February 2019
Dear anonymous you have to disclose your identity. for (a) the properties are self acquired soi no one can object them and they can do as they like. How they extend monetary help to couple of parents? when are alive or by the executor? (b) no problem.(c) The will are in sealed cover and deposited in Bank locker. But it is better to deposit the Sealed Covers in Registrar office (only at District Head Quarters' Office) for which they should attend the Registrar Office. (d) and (e) no problem. (f) it is not advisable to keep the copy of wills with you or anyone else. It is better to deposit the Sealed Covers in Registrar office (only at District Head Quarters' Office). Yes.
Suhail suhail
(Expert) 18 February 2019
If the property is self owned then it can be given to anyone by them; However it is advisable as suggested by legal expert to submit the sealed will before the court of registrar concerned.
The will signed and witnessed need not necessarily to be registered. The will is valid in such circmstances
Dr J C Vashista
(Expert) 19 February 2019
Well analysed and advised by experts, I agree and appreciate.
Nothing more to add except to consult a local prudent lawyer for appropriate guidance and proceeding.
However, you are anonymous author and the subject question paper is stated to concern with someone else and not your personal.
