Property Will

Suresh (Querist) 21 June 2010 This query is : Resolved
My mother stays in our own home which she owns fully. My elder sister and her husband had taken a loan from bank against this property and is unable to pay their loans. Almost half of the loans were paid by mom and she intends to pay the balance loan and close this at the earliest as she is a Guarantor to the loan taken by them!
Now she would also like to make a will which shows distributing her own property among the three of us only(myself, my younger brother & our second sister)and omit her elder daughter from getting any portion of the property citing the financial assistance given to her so far!
Can she prepare the above Will and register it legally so that NO ARGUMENTS CAN BE RAISED BY THE ELDER DAUGHTER OR HER HUSBAND? Can my Mothers Will be challenged by my Eldest sister in the Court of Law? Pl Advise!

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bhagwat patil (Expert) 22 June 2010
Register the will. take signs of your elder sister as a witness and consents. in that will mention reasons why she is deprived from share as she has already enjoyed.

adv. rajeev ( rajoo ) (Expert) 22 June 2010
It is your mother's absolute property she can dispose to anybody by any mode. Do as Bhagwat Patil said.

Suresh (Querist) 22 June 2010
Dear Sirs,
Thank you very much for the Advice! Just need one more clarification - What if my elder sister doesn't consent to sign as a witness on the will? Can my mother still go ahead and and register the will without her elder daughters consent? Pl advise!

A. A. JOSE (Expert) 22 June 2010
In case the property is solely and absolutely owned by your mother, she can very well excute a will excluding therein any share to her eldest daughter if she so desires. Consent of your elder sister or for that matter any one else is immaterial for the same, but the will should be executed in the presence of two Attesting Witnesses whose signatures be obtained in each page.