chinni (SW Engineer) 03 July 2012

Help in writing a property willl

Dear Experts.

Am living in USA and my wife didn't join me since 2010, Dec. Out of 4.5 years of married life she spent just 1.3 Years on and off and the rest with thier parents. I realized she has no love and affection for me. I did request her multiple times to come and join but she ignored me a lot. all my staff and friends do laugh at me for the reason my wife is neglecting me and not joinging me.

I dont want to file a RCR or divorce because, she may back fire few false case due to which I dont want to suffer my parents in thier old age.

I have two houses on my name. This is hard earned property of my parents and mine. with so much of love and affection they did put their property on my name.

In now a days, am not feeling well. am getting pain in my right chest and getting shortage of breath.

If some thing happens to me, I dont want my property going to my wife who never bothered about me and my health and finally who get all my property and enjoys after me, Instead I want the two houses must go to my Mother.

I cant register on my mother name since there is some mortgage.

Kindly suggest, is it possible to write a will for my property metioning that my parents are eligible to enjoy the property, and nothig goes to my wife.

If it is possible what is the process.

Kindly help me.

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3 Replies

Raj.K (Manager) 03 July 2012

Hi Chinni...

I am no expert but similar victim like you. There are many reasons in this materialistic world and you know better in your case on reasons for desertion by your wife. So just ignore the comments from your staff and get rid of friends who laugh at you / do not support you in time of need. Its good decision not to go for RCR/divorce now as i feel more likely yours will turn to 498a or something if you make any move right now. So wait for sometime to know their steps/level of allegation they make if they file any complaint in near time and you can start your move when you are prepared. Take every challenge that comes in life as testing time and learn to fight it hard....some challenges like this do take time so pray to God, learn from others experiences to arm yourself on how to tackle and act with patience. Health is wealth so take care of it.

Its good idea to write your WILL...i used a template i found here https://www.abodesindia.com/forms/will.html experts lawyers can please share better templates. you can revise your will as many times you want in life but make sure clauses have proper backup plans as well...writing all property on parents alone is not good idea as they are aged than you and may be in their retirement life....hope not something happen to parents earlier than us then WILL becomes invalid if you don't or forget to revise it on time...so put some backup clauses so property goes to some younger ones than you whom you trust or may be to charity in the event people whom you entitled are not there at time of execution if happens.

you will need to identify

>1 person whom you can make a trustee who can execute the will if situation demands (this one should be ready to fight all odds to get it executed)

>2 witness...

>if possible certified by a doctor that will is written in your sound mind and health

All can be good friends whom you trust will act according to will in case something happens to you (hope not)....note a friend in deed is friend in need and not the ones who make fun of you as you mentioned before. and none of above should have any stake/claim for share in your WILL.

i learnt it is not mandatory to register a WILL but it is always recommended so get it registered as soon as possible.

Hope this information helps a little..expert lawyers here can correct me if anything incorrect in my above guidance (first of this kind from me:) givn my little research experience).

Expert lawyers here can also please guide on this registration process....and confirm can an Indian citizen working in US/abroad register their WILL in that country of their current residency also or they have to register in India only?

Thanks

Raj