Will

Guest (Querist) 03 July 2011 This query is : Resolved
A Husband wants to WILL a 2 Bedroom Flat located at Ghaziabad in the name of his brother. Property is in joint name of Husband and Wife.

Husband & Wife have taken Home Loan jointly against the above Property from HDFC Ltd. Husband is paying EMIs. How can an effective Will be made in this regard to give effect to the following:

In case of Husband's demise, the entire balance loan amount may be repaid from his various LIC Policies and other terminal benefits. The balance, if any, would be paid by elder brother. And Husband wants to relinquish all the rights and ownership of the said Property in favour of his brother, even though wife may be alive.

Is is feasible to include such a clause in the WILL of the Husband when the property does not belong to him ? And in case yes, what are the additional documents/deeds would be required to be drafted ?

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Devajyoti Barman (Expert) 03 July 2011
Without the consent of the wife the husband can not transfer or bequeath more than half of his share in favour of any body including his brother.