GOVINDARAJ 11 July 2017

Execution of will

Dear sirs

I have self acquired property,and undivided ancestral property ,and acquired common property for my self and my brother , I want to execute a will to give the same to my wife for enjoying the revenue from that property after her life that property should go to my daughter and there after it should go to her children (American citizen), I don't want to give any thing to my son. Can I make a will ,or give me a suitable procedure for this ,so that my son should not create any problem in the future , I want to keep the will secretly .

Regards

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7 Replies

Raveena Kataria (Advocate ) 11 July 2017

Hi! Please note, your son has a right to his share in the undivided ancestral property. You can only dispose of your share in the ancestral property.

You can dispose of your self-acquired property, however, as you please. Out of the property held jointy by you and your brother, you are entitled to dispose of 50% share of such land (unless the sale-deed of the property mentions different shares.) Your son cannot make any objection to such will.

You can have the will registered by filing an affidavit. You would need to pay the registration fees and get assistance of any 2 witnesses to have the will registered in the nearest sub-registrar's office.

1 Like

Ms.Usha Kapoor (CEO) 12 July 2017

I agree with Ms. Ravina. Nothing more to say.

Advocate Bhartesh goyal (advocate) 12 July 2017

Yes,you can sell your self acquired property and joint

P. Venu (Advocate) 12 July 2017

How is that the property is ancestral?

G.L.N. Prasad (Retired employee.) 12 July 2017

Members in the forum can not assure in certain terms as to your son can object for such transfer of properties in future or not.

As far as ancestral properties (inherited from your father side) are concerned, you can not deprive him of his legitiamate share.

I have a doubt in the following sentence in your query: acquired common property for my self and my brother

As far as your self acquired property is concerned, if you have acquired the property without the help of ancestral property, you can decide as per your wish.

Get the document suitably witnessed by your nearest relatives and take guidance from local advocate for drafting will without any ambiguity and get the same registered.

In case if you fail to do needful, instead of facilitating your daughter for free enjoyment, you will be pushing her to unwanted litigation and mental tension at that age. The society never acccepts such partiality and blames father for depriving his equal share in entire property, what ever the differences may be, and in case you are not living, your daughter should take blame for managing you and getting those properties through foul means. It is finally your wish.