Kamatchi 01 July 2021

How to write a will in favour of a paralysed man.

Sir,

One of my relative (my wife father) has 2 son & a daughter. His last son, age 26 is paralysed & he is in wheel chair since his childhood. He is mentally strong & a graduate, but he cant walk or stand, he doesnt has sensation from his waist. Few years back my father in - law wrote a will & in that will he wrote as after his death his self earned house solely belongs to his younger (paralysed) son, and my wife (his daughter, the elder sister of paralysed son) shud take care of him. After his death (paralysed son) that property belongs to my wife.

But now father in law's elder son fighting that he will take care of that paralysed person & saying the will is void. but he (paralysed son) wants to live with us.

Can a person write a will (self earned property) in favour of his paralysed son?

Now my father in law is no more, my wife is saying we shud register the property in his younger brother (paralysed brother) and we shud take care of him. He even cant able to go for toilet, as his sensory nerves are death. We have to clean his toilet & a cathether is used for urination.

My wifes elder brother is money minded, & he wont take care of him. & that paralysed man crying that he wont go with his elder brother & he want to live with us.

My wife is ready to take care of him as her child?

The will is registered in sub registrar office, but we doesnt have the will copy & the property document. Everything is with his elder brother & he is refusing to give the will document & property document sir

Can we get the duplicate copy of these document & Whats the procedure to register the property in his (paralysed son) name as per the will sir?

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2 Replies

S. Gupta (Legal Scholar) 08 December 2024

I'm really sorry to hear about the situation you're dealing with. It sounds quite challenging.

1. Consult a Lawyer: Given the complexity of the situation, it's best to consult a lawyer who specializes in property and inheritance law. They can guide you through the legal process and help you understand your rights and options.

2. Obtain a Duplicate Copy of the Will and Property Documents
- File an FIR: Visit your local police station and file a First Information Report (FIR) regarding the loss of the will and property documents.
- Publish an Advertisement: Publish an advertisement in a widely circulated newspaper about the lost documents. This is a legal requirement and helps cover all bases.
- Prepare an Affidavit: Visit a notary public and draft an affidavit stating the loss of the documents. Get the affidavit notarized for legal recognition.
- **Submit an Application**: Visit the Sub-registrar’s office where the original property was registered. Submit an application for obtaining duplicate copies of the documents. Provide the FIR, affidavit, and any other supporting documents.
- **Pay the Required Fees**: Pay any applicable fees for obtaining the duplicate copies.

3. **Probate Process**: If the will is registered, you may need to go through the probate process to validate the will. This involves getting the will certified by the court of competent jurisdiction.

4. **Transfer of Property**: Once you have the duplicate documents and the will is validated, you can proceed with the transfer of property to your wife's brother as per the will. This may involve mutation of property and other legal formalities.

5. Taking Care of the Paralyzed Brother : Ensure that all necessary arrangements are made for his care and well-being. This includes medical support, accessibility modifications, and any other assistance he may need.

It's a complex process, but with the right legal guidance, you can navigate it successfully...

iris bitter 13 December 2024

Once you have the duplicate documents and the will is validated, you can proceed with the transfer of property to your wife's brother as per the will.

https://www.lawyersclubindia.com/forum/geometry dash /display.asp?cat_id=11&forum_id=75