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Anonymous 123 (Other)     10 October 2021

Inheritence

Evening, I have two brothers and both married and have children. I am not married and do not have any dependent and self sufficient.

My father has built up assets (properties and cash) over the years. I have told him that I so not want any inheritence and he writes his will to the other two.

Both my brothers marriages are in trouble although they are still married. No one knows if they will get fmdicorcwd but I want to be prepared in case if it ever happens. In such an instance I want to make sure the wealth give by my father to my two brothers are protected.

Is there any thing in Indian law ( Chennai) that can be done now such as my father will ro have a clause in there that the property cannot be sold or transferred  in an event of their divorce ? Any advise in this scenario to protect his wealth is greatly welcome.

 

Thank you.



Learning

 4 Replies

Dr J C Vashista (Advocate)     11 October 2021

The properties are ancestral or self-acquired in the hands of your father ?

If self acquired he should execute a will in favour of your mother (if alive) otherwise in your favour declaring it to devolve upon your brothers after the beneficiary.

It is advisable to consult a local prudent lawyer for professional advise.

M V Gupta (Advocate)     11 October 2021

You have stated in the third para of your question "if they will get fmdi----" what is this word? Please clarify, Further, if the will executed by your father is unconditional, then the marital status of your brothers will not affect the vestiture contained in the will.

Aks   11 October 2021

A Will simply means the Will of the person as to how his self earned properties will be distributed   after his death.

A person can his wealth to any one he wishes thru a Valid Will.  Your best option is to convince your father to write a new Will where distribution is more equitable to the love among brothers can survive.

P. Venu (Advocate)     14 October 2021

The posting contains less  facts, but more speculations.


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