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will- points to exclude


My father had bought 3 properties with the money I had sent while working abroad. But, in the documents it is written that they were bought from his personal money (I had sent to his bank ac in India and the sale price was paid out of my fathers bank ac in India).

Our  father passed away last year. Now, my mother wants to make her WILL and put my name as the executor of the will. Can someone please clarify while drafting her WILL is it necessary to:

  1. mentione the % of share that she owns  "50% of my share in ....property goes to.." ( or)

  2. is it just enough to say " My share of property in ...property goes to ...."     without referring the % of share. 

  3. Is it necessary to mention in the Will that all those were bought from the money I had earned while abroad (or) no need to mention that. 

Thanks

 
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Lawyer at Supreme Court of India

Dear, In whose.name.she.will be making a.will ? And get a simple will drafted. Adv kapil chandna, 9899011450
 
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Mr. Kapil, Thank you for the reply. My mother wants to make the WILL and assign myself (her daughter) as the executor of the will. Those properties were bought from the moeny I had sent them while working abroad.

 
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Lawyer at Supreme Court of India

Then I don't think any specific words make any difference, hope you r the only child?

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Others

Ms. Gita, first a few questions:

1) Are you the only child to your parents?

2) Do the properties that were purchased by your father have him as the only sole owner? In other words does he have sole absolute rights on the property OR has he bought it in joint ownership with your mother etc.

Now assuming that you are the only child and your father bought the property in only his name the following holds:

After death of your father, his spouse as well as all his children have equal rights on all the properties that are in his name regardless of whose money they were bought with. That makes you and your mother equal share holders. So if you are the only child then your mother can simply say that she wants to bequeath her share in the property to you. But mind it.... if she says ""50% of my share in ....property goes to.." it could well be taken to mean that only 50% of her share in the property she wants to bequeath to you...and not the 100% of HER SHARE...so what about the other 50% of her share??! Hope you get the point that I am trying to convey. So be careful with what words she puts in the Will....they should be crystal clear to avoid misinterpretations and hassles later. And I guess there is no harm in mentioning that those properties were purchased out of your money....Might be useful in fact in case of any issues that crop up in future.

Well that said....I am no legal expert.....but had such issues among my relatives...to help them out I researched and got some knowledge around there things. So this is just what I feel. But better to get a lawyers opinion. :) All the best.  


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Others

Missed one point in my previous reply... An executor of a Will is simply a person who would be probating the Will in Court if the need arises...and a person who makes sure that whatever is written in the WIll is carried out. But an executor does not have to mean a beneficiary necessarily....though an executor can also be made a beneficiary in the Will.

So make sure that your mother says that she wants to bequeath the properties to you in the Will and not just simply makes you an executor.

As always...better get a lawyers opinion.


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Mr. Naresh and Mr. Kapil, thank you for the reply.

Mr.Naresh, thanks for the detailed reply. I never would have known the difference and depth of meaning in the words in WILL. I will take a note of them.

 
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not applicable

Dear Sir,  my mother has mad the WILL in 2011 in my name and my mother has expired in the month of October,14 and and now how i will proceed my WILL to society please advice.

 
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Advocate

@Gita: hope Mr. Naresh has given a clear picture about the doubts of a Will intended to be executed.  Therefore, get the Will drafted by a expertise advocate who will carefully avoid the ambiguous words that may lead to a confusion on a later stage.As fare as possible let the words be very simple in the Will giving clear and definite meaning without any doubt or suspicion.  The executor need not be a beneficiary hence avoid the word executor in the Will or else the very purpose will be defeated.  Instead of Will, if there are no other legal heirs than hour mother, she may execute a registered release deed relinquishing her rights in the property in your favor. Consult a local lawyer and proceed further.


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Advocate

@Rekha:  you must use a separate thread for posting your queries. While entered into somebody's thread, you can only pass on the comments and opinions to the queriest's query and not posting our own thing.

By producing the copy of Will, you can very well include a yourself replacing your deceased mother's name.

 
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