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Will

(Querist) 15 December 2014 This query is : Resolved 
Dear Sir,

We have given 350 sft site to the builder for developing into a group house consists of eight flats. Out of eight, builder agreed to give us 3 flats.

My father had given original documents of our property to the builder and in turn entered a plain agreement stating that out of eight flats, we would be given 3 flats with flat numbers mentioned thereon. My father has two children. Myself and my sister who is older than me by 4 years. My sister is a divorcee now. She has two children. One son (elder), and one daughter. My sister's daughter got married and blessed with a baby boy. Sister's son not yet married.

In the agreement entered betweenmy father and builder, there was no mention about my name or my sister name or my mother name. Our apprehension is, if anything happens to my father who is a heart patient and cancer patient, what about the legal possession of the property? I am sorry to ask you this question. But it is our hard earned property. We should take care of the property for my mother, sister and myself.

Can my father now write a will in favour of my sister and myself pending the construction of those flats? It may take another 6 months to complete the construction of flats. But meantime, we do not want to take risk.

Kindly advise us.
ROHIT SHARMA (Expert) 15 December 2014
1. Yes, your father can now write a will and get it registered naming your sister and yourself as the beneficiaries pending the construction of those flats. Make the builder sign as a witness in the Will.
M M Jaya Rao (Querist) 15 December 2014
Dear Rohit Sharmaji,

Thank you so much. It was a great relief for me when I saw your reply. I will complete the documentation part (Will write up) immediately.

Yours truly,
MMRao


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