rajshah 04 July 2016

Ensure my 2 sons (wife 1) are my legal heirs

Background

I am Hindu and have 2 sons from my 1st Wife and my only source of income is Rental income from my immovable property
My 1st Wife passed away In 2010
Now I plan to get married again (court marriage )
My 2nd Wife already has 2 sons from her 1st Husband
I want to ensure that after me 2 sons from my 1st Wife become the only legal heir ,and all my property a to be passed to my 2 sons only
I want to ensure that my 2nd Wife and 2 sons from my 2nd Wife can never claim of the assets I have as I will Make separate FD's for my 2nd Wife
Also till the time I am alive I want to safeguard myself and ensure all the assets are fully under my control and 100% income is received to me only
And after me only it should pass to my 2 sons from 1st Wife and no other person ( my 2nd wife and her 2 sons) should never be able to claim

Reply Follow

4 Replies

saravanan s (legal advisor) 04 July 2016

write a will on the name of the first wife children and register it.once after your death they will become the beneficiaries of your self aquired property

rajshah 04 July 2016

Thanks for the prompt reply !.

I will register my will for sure...however there has been an issue in my family in the past that my uncle had made 2 registered will and we realised the last registered will only count .

So along with registering my will what are the other options i should do ..i have 10 immovable properties and all are rented

JustAdvisor (IT) 04 July 2016

make sure you appoint a residuary legatee in your will. otherwise any property not mentioned in the will may devolve by intestate succession. if you are very insecure and considering you have a lot of property you may also after giving a careful thought part with some of your property during your lifetime in benefit of your biological sons vide a gift deed. but my advice is that make sure that you have sufficient property left with you in your name which will keep your health running till your natural lifetime.