WILL Deed


Sir/s,
In a WILL, father has written ground floor for elder son and first floor for younger son on the same plot of land - father is alive.
One son in the same property, second son is in a different State. In the eventuality, if the son for first floor wants to dispose of the property it is impossible to do it.
Kindly advise.
 
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ha21@rediffmail.com Mumbai : 9820174108

1. Property CANNOT be disposed off on basis of WILL,  "TILL" Father is alive.

2. One Son can purchase or take gift of the property of Second Son, as & when required.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
 

 
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subregistrar/supdt.(retired)

Yes.  As per your query, your father is alive.  so either you or your brother cannot sell the property as the Will comes into force after the death of the Testator.

 
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Retired employee.

Let friends or relatives of your father explain the difficulty to your father and let him rewrite will as suggested by local advocate to avoid any such complications / disputes in future.

 
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Retired Manager

Please see to it that your father is counselled to modify the Will properly, as the present Will creates more problems than it settles if any.

 
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Good morning, sir/s.
Thanks a lot for the opinions shared.
In the given situation, what is the suggested way - division of property between two sons, for rewriting/modifying the WILL.
Kindly suggest.
 
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Retired employee.

Please go through replies and contact advocate with your hypothetical assumption. so that advocates can explain practical problems if any to your father and redraft the will that is not complicated.

 
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Advocate

Any suggestion depends upon the locally prevailing law. Please examine whether each floor could be got registered as separate property. Anyhow, the matter is a mere contingency at present.


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Retired Manager

It all depends upon the way the property is and it's extent. Can it be divided between brothers exactly half to each? Unless the property is seen nobody can give a suggestion. 

 

 

 
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Lawyer

The son is not the owner.

Seek professional service of a local lawyer with relevant documents.

 
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