execution of will
rahul
(Querist) 15 March 2010
This query is : Resolved
i have 14 acers land and 1 house property.Both are ancestral properties.
i have 4 sons & 3 married dauthers
now i am 78 yrs old and i want to execute a will. but my 2 dauther relinquished their share.
so how i can distribute all my property among my 1 dauther & 4 sons?
can i exclude my dauther? how?
what is the profarma for write a will?
how i can make a will?
N RAMESH.
(Expert) 15 March 2010
Since the properties are ancestral,
all your 4 sons and 3 daughters have share in the properties.
Now, You can execute will only in respect of your undivided 1/8 share in the properties.
First make partition of properties through a registered partition deed. Under the deed share shall be specified to all parties. The daughters can relinquish their right by expressing their consent
and they may be given money/consideration instead of their share. Then partition can be effected.
After partition, you can execute will in respect of property allotted to you.
There is no specified format. You can find one in net.
niranjan
(Expert) 15 March 2010
You can get relinsuishment deed from your two daughters in favour of remaining sharers and then make a partition deed.
adv. rajeev ( rajoo )
(Expert) 16 March 2010
if you have got regd rights relinquish deed then you can execute the will in favour of your son and 1 daughter.
Sec 6 of Hindu Succession Act is amended. daughters are the coparcers, but in the recent karnataka high court judgment it is held that right will accrue to the daughters only after the death of the father.
Kumar Thadhani
(Expert) 16 March 2010
Similiar views to experts as opined.
