Transfer/gift of assets through will

Querist : Anonymous (Querist) 25 October 2011 This query is : Resolved
A (Woman) is married to B (man) in 1977. They are living separately since 1978 after 8 months of marriage. B had earlier applied for divorce but never granted till date. B is paying Maintenance to A regularly. A is having a daughter (C) from B in 1978. A is living with her parents since 1978 till date. Now the present query is that if father of A wants to transfer/gift some of his assets/bank balance/property in his will in the name of A, will B have the right/ ownership on that received assets by A from his father through will. I am the daughter of A and my Nanaji (father of A) wants to write a will in such a way that after him a proportion/ share of his assets will be in the name of A for her livelihood and survival and after that all the assets of A will transfer to her daughter (C) and B will have no right of use or ownership on the assets of A. Please suggests me if it is possible and if yes then how? I will be obliged.

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prabhakar singh (Expert) 25 October 2011
Yes "A" being wife of "B",if leaves property owned by her,then if her husband "B" and daughter "C" survives her{A}both will get equal share.

To avoid such an incidence 02 courses may be adopted in your case.

01]The father of "A" creates a WILL in which he only confers lifetime user interest in properties in favor of his daughter "A" and after her death ABSOLUTE OWNERSHIP TO VEST IN HIS DAUGHTER"S DAUGHTER "C". This way "B" will not come in picture.

OR

2]Father of "A" makes WILL in favor of "A" and "A" makes Will in favor of "C".

HOWEVER ROUTE 01 IS A BETTER COURSE AS REGISTRATION COST WILL BE FOR 01 WILL AND MINOR'S INTEREST SHALL STAND SAFEGUARDED.

REGISTRATION OF WILL IS OPTIONAL IF NO AGRICULTURAL LAND INVOLVED IN UP,BUT IT IS ADVISABLE AND DESIRABLE ALWAYS TO REGISTER A WILL IN EACH AND EVERY CASE.

Shonee Kapoor (Expert) 25 October 2011
Absolutely rightly advised by Ld. Prabhakar Singh

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 25 October 2011
I absolutely agree with views of Shri Prabhakar Singh.

Querist : Anonymous (Querist) 27 October 2011
Thanx to Mr Prabhakar Singh and others for their valuable advise. Wishing u a very happy diwali and gud times ahead.

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