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Gaurav Mittal   26 November 2021

Regd. validation of will & distribution of assets

Dear Sir/madam,

I have a complicated case & seek your expert opinion on my case as below. Kindly give it a patient reading.

My late father is surivived by his 3 legal heirs - myself, my sister & my mother. Due to differences between my parents, they were staying separate. My mother was staying in my father's house (Property A) and was being paid a monthly maintenance. Me and my family was staying with my father in another house (Property B). Due to the failing health of my father, he had created a will to distribute his assets. At that time, Property B, which was initially booked in the joint name of my father & mother was to get registered. However, my mother was not happy with the will created by my father & wanted more share from it and kept it as a pre-condition for her willingness to get Property B registered. The demand was very unreasonable as it meant giving most of my sister's share to my mother but my father relented to her unreasonable demand. He however, gifted my sister her share in terms of movable assets.

Subsequently, due to bad health & other factors, my father couldn't sustain & committed suicide last year. He modified the will but couldn't get the same witnessed. He, however, mentioned on his last note (hand written) that the last will may be taken as final. So, the 1st will created by him is only notarized & the 2nd will is not witnessed, though he mentions of it in his last note.

My Queries are as under:

1) In my scenario, is there any way that the 2nd will can be proved to be true? 

2) I was the nominee in all the shares & mutual funds owned by my father (single mode of holding). As a nominee, am I only the trustee or the beneficial owner? I had read somewhere that as per Company Act, nominee in shares & debentures is also beneficial owner.

3) The family pension (superannuation pension through LIC) is received by my mother. Is she a beneficial owner of the amount so received or a trustee? I mean that can other legal heirs stake claim in it?

4) My father had booked another property jointly with my mother (Property C) and a plot (Property D) under his single name. Both of them are unregistered as yet. He intended to give Property D to me while Property C to be divided between me and my sister. Since Property C is unregistered as yet, how can I get my & my sister's name added to my property?

I know this is a long post but than you for your patient reading. Please ask me any question to help answer the query.



 6 Replies

P. Venu (Advocate)     26 November 2021

You have confused the facts with your opinions and wishes. Facts posted suggest the second Will inchoate. It is the first Will that is valid. It is not necessary that a Will be notarised or registered, but it is mandatory to be attested by witnesses.

Gaurav Mittal   26 November 2021

Thank you for the reply. I understand that the facts can be confusing but no one of it is my want or wishes but as is there in the will. Anyway, I will appreciate that you please answer to the queries I've posted. Thanks & Regards

P. Venu (Advocate)     26 November 2021

If so, please post simple facts avoiding your subjective opinions.

Gaurav Mittal   26 November 2021

Sir,

I've posted 4 queries in my post. The facts posted in the post are actual facts and not opinions. Please read my queries & reply. If you need any other data, please let me know.

Dr J C Vashista (Lawyer)     28 November 2021

It is better to consult a local prudent lawyer for proper appreciation of facts / documents and professional advise.

Kishor Mehta (CEO)     28 November 2021

1) In absence of the signature of two witnesses the second will is invalid,

2) As per the Compan law the nominee is the beneficial owner,

3) Family pension, if goverened by MWPA act, makes the wife the rightful sole beneficiary, else all legal beneficiaries have right to the pension amount.

4) In case of unregistered property it can be infered to belong to the purchaser and all legal beneficiaries of the purchaser have right to equal shares. However right to ownership of the purchaser needs to be proved.

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