How to make will for only single property?


My father purchased four properties from his own earnings (3 in his name and 1 in the name of death mother). We are total four brother and sisters (Two brothers and two sisters) and all are married, I am the youngest.

My father specially wants to give me one property (presently we are living in that house and one room is under the position of my elder brother) which is in his name and rest will be divided as usual as per Hindu law after his death.

Many are suggesting registry of entire plot would be the best solution which costs around 3.25 lakh but making will for only that property in my name shall be challengeable and risky?  So please give your feedback in this regard. Please suggest will it be more legally strong if father will mention two property and divide one to each as per his choice. What terms/legal points should be mentioned in the will to make it strong?

Thanking You.

 
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FIN

Your brother may agree to vacate  the room.

If the house is bequeathed to you then you can get it vacated.

While your father is alive and while he is distributing his estate/share etc everyone may agree to him.

Registered family agreement may be another option and rather best.

Ther shall NO scope for future litigation.

The property in your mother's name might be having status of self earned/acquired/absoloute property and shall devolve accrodingly upon her Husband, sons ,daughters.

 

Your father is free to dispose his share in his life time.

 

 
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Thanks For your reply Doab ji.

My elder brother will never agree on any of the decision made by my father as he never helped any one in my family and always created lot of problems for all along with his entire family. So at least my father willing to handover one property on which presently we are living so that we can live their peacefully after his death and no body can intefere as i am looking after my retired father and did lot for my ill mother who is no more.

 

 
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FIN

It is better to register the WILL.

Registered WILL may not be set aside on the counts of authenticity.

Registered WILL can also be consented and may land in probate court..

In presidential towns it is mandatory to probate the WILL.

You may inquire the charges.

Gift deed is another option.

The charges in blood relation are negligible.

Once you are owner you can go for eviction.

Weigh all pros and cons and choose wisely.

A very able counsel can help you. 

 

 
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The property of your father is his Individual property/ self acquired property. Your father can give above said property to anyone whom he wants. 

 

If WILL to be made then make sure that the said WILL must get registered. Property must be described vividly. WILL must also enunciate you as the ONLY LAWFUL OWNER of the said property after the demise of your father. WILL must also contain clause that other Legal heirs, whosoever may be, will not have any interest in the said property except you.

IT IS HIGHLY RECOMMENDED TO CONSULT GOOD LAWYER FOR DRAFTING OF WILL.  

 

regards,

Advocate Nitin Kapoor 

Mob: 8800692624. 

 
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Thanks, I have a draft in Hindi given by one lawyer can anyone please suggest the improvements in the draft to make the will strong. This will reflect all property but my father wish to make only one whose detail is written in the will and rest of the property no need to mention as it will be divided among us as per law after his demise.

Please suggest the points.



Attached File : 20160901004627 905637134 img.pdf downloaded 120 times
 
Reply   
 
FIN

Local counsel well versed with Hindi,local terms etc can guide you.

Your ounsel may charge you a fee.

 

It can be worth it.

Best is let your own counsel draft as per your needs and so as to defend your interest. 

We don't wet or reject drafts.

 
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FIN

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