Raju kumar (chairman) 03 August 2013

Procedures to write a will of self earned property?

Sir, i am a complete paraplegic (spinal cord injury patient) cant able to walk, my father has three self earned properties and he has three sons including me. I am the younger son, unmarried and both of my elder brothers s married and hav two childs each. Now he wants to write a property in my name bt my brothers r oppsing it.. Bt my father is keen to give a property to me, do my father has the right to give a property to me without my brothers consent? what is the procedure to write a will in my name sir?

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 03 August 2013

Is it the self acquired property of your father or an ancestral property? If it is his self acquired property then, he does not require anybody's consent to give it to you. A will should be properly drafted and signed by two witnessess. Care should be taken while drafting the will in respect of certain things particularly if you are sure that the will is going to be challanged by others, so that even if it is challanged you have a strong case. Take the services of a professional lawyer and get it drafted, and register it in the sub-registrar's office [registration is not legally mandatory but is good in many aspects] .

Advocate Sastry (Advocate) 03 August 2013

Since the properties are self earned by your father, he can write property in your name... I feel that the objection of your brothers may be that they have to look after you because of your illness... Let the will be drafted well as advised by Adv. Archana

Bharatkumar (ADVOCATE ) 03 August 2013

If it is your father self acquired property then, he does not require anybody's consent to give it to you. Your father make a Gift Deed/Sale Deed in your favour and then registrastion this doucument at Sub-Registrar Office thenafter you are owner of this property.

Raju kumar (chairman) 13 August 2013

Dear sir, now my father write a will in my name, bt in that he quoted that i have rights in that property only after my mothers life time(after she die), now does my mother has the right to sell or pledge that property.. Can she gave the property to my brothers.