Querist :
Anonymous
(Querist) 04 August 2011
This query is : Resolved
Dear All,
I need valuable advice from a learned people like you.
My mother had a plot which is her self acquired property and is in her name . We were 3 siblings but unfortunately we lost our youngest brother untimely recently .He is survived by a son who is just 2 years old.
My mother wants to make a will wherein she wants to give 1/3 rd of that plot to my deceased brother's son but only when he attains the age of 21 . Till then she wants that my sister who is married should take care of that portion .She does not want to make my bhabhi the widow of my brother) guardian of that portion for the kid as she had already created mess for want of that property and she is going to remarry soon. We want to protect that property for that kid only.
How my mother can make will so that the kid would receive 1/3 rd portion only after 21 years and till then my sister can hold /act on that property.
How my mother can put it in her will .
Pls suggest.
We would be thankful for ur valuable time and guidance.
M.Sheik Mohammed Ali
(Expert) 04 August 2011
best way engage a civil side practice lawyer,
Sankaranarayanan
(Expert) 04 August 2011
will should be created by the person those who have ready to donate or give of their property with the knowledge of their lawyer and it should be either registered or un registered. but that will should be confidential and it should be modified till their life time.
those will should be open and announced only after their demise or death.
ajay sethi
(Expert) 04 August 2011
1)for preparation of will your mother must be of sound mind 2) inthe will complete details of property have to be mentioned and all her other assets. 3)you will have to appoint a executor of the will 4) in will mention that her son died and as her daughter in law is getting married again she is appointing her daughter to look after property to be bequesthed to her grandson on his attainment of 21 years age 5)need 2 witness for the will
M/s. Y-not legal services
(Expert) 05 August 2011
yes.. your mother can make a will with a condition that till the grandson's 21 years completion any of you can enjoy the property.. after that have to handed over to him.. [you not allowed to claim adverse possession]
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