I have a residential Flat in Bangalore. The Flat is registered in joint name along with my spouse. Can this Flat be willed in favor of our Son ? In this case, I am the owner of the Flat and the second name of my spouse has been added for convenience. Can we ( Both of us ) execute a single Will in favor of our Son ? Kindly advise.
The share in ownership of the flat can be ascertained by the terms of the registered document, if nothing is specified then both are equal owners, and the WILL has to be prepared accordingly. Registration of the WILL is not mandatory.
The proper course is first getting a relinquishment of wife's share or in the form of gift and then making a will in the name of a son . Contact a local advocate as the procedure is simple and it will get the signature of the wife also as an additional precaution. It is true that registration of will is not mandatory but as the fees are very, very nominal, registration is advisable.