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jay   02 August 2015

Making a will in legal way

Hi,

My father wants to make a will to make sure that all his property is transferred to my name.

My sisters are well settled and due to some disputes they no longer talk with my father/mother or me.

How can he make sure that all property is tranferred to me without giving any share to my sisters?

 



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 4 Replies

Laxmi Kant Joshi (Advocate )     02 August 2015

If the property is self earned by your father and the same are on his name then he has all rights over them, he can will them, gift them he can use them as per his wish noone can interfere , if he wants to give his property during his lifetime then registered gift deed is the very best and safe option, if he wants to give after his demise then registered will deed is the best option, i suggest you tell your father to go for gift deed because during his lifetime nobody will object if anyone objects he can answer them but in will deed it can be challenge in the court of probate and then takes years to decide, because your father will not there to answer .

jay   02 August 2015

My sisters have children and are married for more than 14 years ago.

My father's property is self acquired and not ancestral. But due to disputes my sisters no longer talk to my parents or me.

saravanan s (legal advisor)     02 August 2015

then he can gift it to you or he can will it on you.your sisters cant lay any claim as it is her self aquired property

T. Kalaiselvan, Advocate (Advocate)     12 August 2015

Your question is about executing a Will by your father bequeathing his property.  You have also confirmed that the property was his self acquired property.  In the given situation, he can very well bequeath his entire property favoring you or anyone of his choice by executing a Will accordingly.  Your sisters cannot claim a share in it once the Will is accepted and enforced. 

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