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sezesthone (------)     27 May 2011

Can you set Conditions to a WILL

If I write out a will, can I set up specific conditions to be met?

For eg: If I am a widower and have a minor daughter and adult son, can I set condition that if I died before my daughter reach adulthood then so & so property of mine will only be transferred to my son if he (and his wife if in case he is married) will become legal guardian of his younger minor sister i.e. my daughter, and also put some clauses in Will that he has to undertake so and so responsibility of his minor sister as her legal guardian,(like educating her from getting her married), if this condition is not met, i.e. if my son refuses to take guardianship of his sister then the property will be transferred to his sister (my daughter) instead of him.

I just want to know that can such conditions be set And are such conditions considered valid.

Recently I saw hindi movie, wherein a father died and left his will. According to WIll his son has to marry specific girl then only the property will be transferred to him, if he refuses to marry her then property to be given to that girl instead of his son and if he divorce her after getting married with her then property will be transferred to that girl. Tell me can this be real, I mean is it just imaginary story in hindi movie or actually such conditions put in WILL are considered valid in our jurisdiction



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 May 2011

It is conditional will.

prabhakar singh (advocate)     27 May 2011

 A WILL IS AN OPTIONAL ACTIVITY OF AN OWNER OF PROPERTY, MOVEABLE OR

IMMOVABLE, TO LAY DOWN HIS OWN RULES OF SUCSESSION  WITH ANY

CONDITTION,HE WANTS TO IMPOSE, THERE IS NO BAR ON HIM IMPOSED BY LAW

APPLICABLE TO WILLS(THE INDIAN SUCSESSION ACT)

MOVIES ARE FANTASY.

Ravikant Soni (LAWYER IN JAIPUR)     27 May 2011

Yes you can but conditions should be valid in eye of law.

Ravikant Soni (LAWYER IN JAIPUR)     27 May 2011

Answer to the second query:

Yes this is a valid condition.


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