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How to make a valid will

Page no : 2

girishankar (manager)     09 December 2010

Settlement is better than a will ....b'cous any one can chalange the will{for harresing } even though its attesseted by 2 or more witness or a registered one

KALYAN MAJUMDAR (Retired)     23 December 2012

 
Dear Sir/Madam,
 
 
Kindly advise how a Will can be formatted to achieve following objective. In ordinary case, first the Husband writes a Will in favour of his wife only and then the Wife later makes Will in favour of the children as per a formula. But if both dies in an accident, the formula can not be applied and the children automatically gets equally against the the wishes of the Parents. Can a joint Will be made to take care of such situation? If YES, how and in which format? With regards,
 
Yours faithfully,
 
Kalyan Majumdar.


 

Vikas Kapoor (Manager)     01 April 2013

 

Dear Sir/Madam,

 

Greetings for the day.

 

I would like to request, if you could pls look into this query of mine and would appreciate, if you could answer the same.

 

Query as follow:

 

Pts regarding Will

 

The Said Property is in my Mother’s name in Mulund Mumbai in a Co-operative Housing Society)

 

My Mother has recently made a Registered Will.

 

As follow with our respective shares mentioned in the Will.

 

Rajiv Jain 50% (Elder Son)

Sanjeev Jain 50% (Younger Son)


There is this Point which is as follow.

A Will cannot over-ride the natural succession in case of an Ancestral property. So, a person cannot will away all his inherited property. He can Will away only his share to anybody he wants to give to. The remaining property goes to the Legal Heirs.


As the property is in MULUND Mumbai, was bought by my Late Grandmother, in the year 1990. My Mother’s Mother.

After she passed away, the property was transferred in my Mother’s name Mr.’s Neeta Jain, in the year 1993, with all her other siblings and my Mother's father, Late Mr. Vinay Gupta and my Mother's siblings, giving their consent letter's as follow.

 

1.   The (NOC) No Objection in transferring the name in the Share Certificate to Mr.’s Neeta Jain

 

2.   Letter from each sibling to transfer of Shares to Mr.’s Neeta Jain

 

3.   Letter of Declaration.


My point is as follow:

 IMP

 

1.   This property was transferred in 1993 in my Mother’s name, Mr.’s Neeta Jain with NOC and the respected letters. As there is a clause in the Will, that inherited property cannot be Willed. Can our Co-operative society in any way object regarding the transfer of our names i:e me & my brother later on as per the Will,

    (At the time of Probating the said Will)   

 

2.   Do we need to mention this point in the Will on how my Mother acquired this Property or no need?

 

3.   My Mother recently made a Will which was registered in Haryana, dated 28th December 2011. She got the Will Registered here in Haryana, because she has another Residential property in Rohtak Haryana, Jointly along with me, being the elder son.

 

 

 

(All I want to ensure that nobody can put a claim in the Property. (That is mainly my Mother's Brothers Children, who are settled abroad And challenge the WILL in the court of Law.

 

Abhijit Mukherjee   01 November 2016

If no property descripttion is mentioned or attached with the Will how will the Executor or sole benificiery go ahead ?


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