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Das (Manager)     31 August 2016

Will

Hello All India Lawyers,

I need a advise which gives me complete protection and closing of all doors.

My mother 75 live and health wise good, she has two sons. elder one is in some business and youngest is working profession, both are married a living separately with their own expanses.

here elders son has huge financial crisis and problems. now he needs money every badly. his situation is very bad. but some how surviving with this business,

my mother is now 75 she is planning to prepare will of the immovable property, which is located in industrail colony, which was alloted to her husband but husband paid only 6 installment and passed due to health issues in 1970's, and the lady took decision to own the alloated property and paid rest of the installment to finance company/government and acquired the allotted property on her name and got registered.

Today she is planning to make a will on her both sons. is this belongs to her property or alloted to her husband...?

If the property is of her, can she make a will on her sons name or grand child name.

her grand daughters are married and well selltled, and grand son is just 5 years old.

Her second son though to not dispose that property under any circumstance, becoz he feels like the property is of his dad, who stay when is alive and passed in the same location.

Can she make a WILL in her sons name and putting a clause as "Not to sell this property or his legal heirs" if any of the son want to sell his part of portion, he must sell to own brother with what ever the cost land on that particular day as per Government norms.

If she does like this and get notorized and registered, will any of the son has any chance to sell or obtain loan on this property of their own portion.

Please advise.. or if this points are fine, draft a rough WILL and send it to me.

Regards

DAS

 

 

 

 

 

 



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 2 Replies

saravanan s (legal advisor)     01 September 2016

The property you were mentioning is completely her own property and she can will or gift it to anyone she wants.she can also make a conditional will in your favour also

Kumar Doab (FIN)     01 September 2016

She has paid the liabilities/cost and property title  is registered in her name.

This she is the owner.

The wish of testator in WILL is supreme.

The owner may engage her own counsel to draft her WILL.

The counsel may charge a fee. It can be worth it.

 


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