transfer of property
Querist :
Anonymous
(Querist) 31 October 2010
This query is : Resolved
Dear sir,
is it possible for a man to execute a will ( and register the same ) in such a way that
1. ownership of some of the ,man's self acquired movable / immovable properties to go to his major son ( not married now) and some to his married daughter, but only after death of the man's wife ,who will enjoy the rents etc... from properties during her life time for her lively hood. wife will only be guardian for properties with no right to sell as she was not the owner nor there was any transfer to her .
2. in some of the registered documents relating to immovable property ,the man's name is in first place and his wife's name in second place .(they r joint owners).
3.while in bank fixed deposits etc..the man's wife is first holder and husband the second holder.
4. one of the immovable properties located in a different city of the same state is solely in the name the man's wife. can she also execute and register a will in her son's/daughter's name ? if so where? in the same place - state capital where she lives with her husband or the city where the property is located
please advise law and procedure (least cost or low cost procedure ).
anonymous
A V Vishal
(Expert) 31 October 2010
1. ownership of some of the ,man's self acquired movable / immovable properties to go to his major son ( not married now) and some to his married daughter, but only after death of the man's wife ,who will enjoy the rents etc... from properties during her life time for her lively hood. wife will only be guardian for properties with no right to sell as she was not the owner nor there was any transfer to her .
Yes, the same can be stated in the will.
2. in some of the registered documents relating to immovable property ,the man's name is in first place and his wife's name in second place .(they r joint owners).
A joint will can be executed by both the spouses.
3.while in bank fixed deposits etc..the man's wife is first holder and husband the second holder.
Same as above.
4. one of the immovable properties located in a different city of the same state is solely in the name the man's wife. can she also execute and register a will in her son's/daughter's name ? if so where? in the same place - state capital where she lives with her husband or the city where the property is located
The fact can be referred to in the joint will by the wife and it can be registered at the place where the couple ordinarily reside.
R.Ramachandran
(Expert) 01 November 2010
Dear Anonymous,
A will can be made containing all the above conditions. But you must approach a lawyer so that all conditions are properly incorporated.
B K Raghavendra Rao
(Expert) 01 November 2010
Will can be registered anywhere. All the points raised by you can be incorporated in a joint will. However, precarious attention need to be taken while describing the properties and their bequeathing.
