Interpretation of will as per law
Querist :
Anonymous
(Querist) 22 June 2023
This query is : Resolved
My parents had purchased a property in Pune. My mother died earlier and my father last year.
By virtual of registered will made by my father and being the only child the property automatically got transferred in my name as advised / guided by experts to my earlier query .
I would like to thank Experts , Shri K Rajesekharan , Shri Kavksatyanarayana , Advocate Bhartesh Goyal and Advocate T. Kalaiselvan for the replies they had given to my earlier query which saved me from getting misguided and most important the mental torture.
I want to understand three more points:
Point no 1
If I make registered will then can i mention that in case of my death the whole property will be transferred in the name of my wife and after her death the property gets transferred equally in the name of my two daughters or i can not mention this as I have not purchased the property but acquired the property from my parents after their death OR will it be equally transferred between my wife and two daughters after my death ?
Point No 2
on the basis of point no 1 if I am permitted to decide who gets the ownership of property after my death than if myself and my wife make a registered will mentioning that after our death the property will be equally divided between our two daughters .
Please help us to understand what step by step procedure my daughters need to follow so that they are not misguided and put to mental torture as I was ?
Point No3
When is the probate of a will is needed ?
Thanking all experts and advocates in advance for their reply.
Best Regards
kavksatyanarayana
(Expert) 22 June 2023
1. Yes. You can make a will mentioning that in case of your death, the whole property will be transferred to the name of your wife and after her death, the property gets transferred equally to the name of your two daughters. 2. Your wife cannot be a party in the Will as she has no right over the property. 3. If there is no dispute regarding the property between your wife and daughters then it is not necessary to probate the Will and the probation of the Will is compulsory in the towns of Kolkata, Madras, and Delhi.
K Rajasekharan
(Expert) 22 June 2023
The answer to the point 1 is perfectly alright.
Regarding the second question, the property will devolve on to the wife after your death with no right to dispose it off, and it will pass on to the daughters after her death.
The third question is also answered clearly, stating that probate is not needed in any place except those three cities.
A write up on Will by me is available at https://lawwatch.in/will-its-legalities-in-a-nutshell/
Querist :
Anonymous
(Querist) 23 June 2023
I again thank experts Shri Kavksatyanarayana and Shr K Rajasekharan for their advice.
Sir I make a will in which I mention that in case i die than all property goes to my wife and in case she is also not alive than it gets equally distributed between my two daughters . The point which is not clear as per the advice given by you is what do you mean she is not party and has no right to dispose it off ? Because as per my understanding when i say when i die and if my wife is alive then my wife has full rights on all immobile asset so it means she has rights on the property and it mean she can get name change in property tax , electricity bill , and share certificate of the cooperative housing society and if need be she can sell the property .
This is important from very big concern of mine that after my death if suppose my daughters do not support my wife financially or take care of her than for my wife to take care of her daily expenses or emergency medical expenses she may need money and then she may be forced to sell the property than what she will do?
Best Regards,
K Rajasekharan
(Expert) 23 June 2023
Then, you have to include her name alone in the Will, so that she will get absolute right over the property including the right to sell it.
If so, it is upto her to decide what to do with the property.
Querist :
Anonymous
(Querist) 23 June 2023
Sir, first of all thank you for your prompt reply .
If I write a will only in wife name and if my wife dies earlier than it means i have to again write a will and may be I am too old or bed ridden to make a registered will again . Because What I have understood having registered will takes care of many issues.
The other option is I make a will in my wife name and she makes a will in the name of my daughters but in that case if she dies earlier than this can lead to a situation where i am at mercy of my daughters which is not justified.
Sir is there no better solution to the issue in the LAW.
kavksatyanarayana
(Expert) 23 June 2023
It is your self acquired property and hence when you execute a Will there is no necessity for your wife to join with you. You can execute the will mentioning that the property goes to your wife and children after your life. In any case, if your wife dies before or after you, it shall be devolved between your daughters equally.
T. Kalaiselvan, Advocate
(Expert) 24 June 2023
The property you acquired after the death of your parents either as a legal heir or the beneficiary of the Will in your favor, it becomes your own property .
Therefore you can transfer the property by a testamentary disposition i.e., a Will in the manner you may desire, i.e., to transfer to your wife and after her lifetime in favor of your children equally, there is no legal infirmity in it.
For your point No.2: since it becomes your own and absolute property, you do not have to involve your wife to transfer the property jointly in favor of your children, your wife do not have any rights or title or interest in this property, hence you can take a decision which you consider that ti would be better for your children after your lifetime.
It is not mandatory to get the probate of a Will anywhere in India except three presidency towns namely Calcutta, Bombay and Madras.
If in case probate is necessary then it an be obtained only after the Will is coming to force, i.e., after the death of the testator.
