Will
rahul pruthi
(Querist) 22 April 2013
This query is : Resolved
my father registered a will ...in this will he mentioned that my elder brother and me can transfer his property (after him).on our individual name with equal share.but now my elder brother expired unmarried.we have one sister as well but she is married and divorced later due to some other reasons .but my father didnt mention her name for transfering the property or any share .so now the property belongs to me or my sister also can apply for a share.....please guide .and this property is whole and sole father money earned property..not ancestral..
Advocate Sastry
(Expert) 22 April 2013
Can you state whether your father is alive or not?
Raj Kumar Makkad
(Expert) 22 April 2013
I presume that your father is no more and your elder brother died prior to him. If this presumption is correct then the will has no meaning in the eyes of law and the property shall be divided among you, your sister, your mother and grand mother in equal shares.
rahul pruthi
(Querist) 22 April 2013
my father is alive but he didnt declare any share for my sister in this will.if my father wants to tranfer this property to me (after his death)what should he puts in the new fresh will or this "will" will work.
rahul pruthi
(Querist) 22 April 2013
if we dont want to sell the property coz we r living in this house and our sister lives in a different location without her kids seperated with her husband...kids with husbands only.please solve both the queries...i am married with 2 kids living in this house.from the past 16 years.
ajay sethi
(Expert) 22 April 2013
if your father is alive he can change his will .
rahul pruthi
(Querist) 22 April 2013
present will is not ok please explain ......why
rahul pruthi
(Querist) 22 April 2013
after my brother expired the will is also not valid or something else .....confusion...please solve
ajay sethi
(Expert) 22 April 2013
a will can be changed by testaor any time before his death . since your father is still alive and your elder brother is dead your father can under changed circumstances make a fesh will revoking earlier wills made and bequeath property to you only or give you and your sister equally .
Advocate Sastry
(Expert) 23 April 2013
Yes... Mr. Ajay Sethi's views are correct... In view of death of your elder brother your father can change the WILL... That is why I asked whether your father is alive or not... If your father wishes he can write fresh will as he feels.
rahul pruthi
(Querist) 23 April 2013
that means old will now is of no importance .......is it true
ajay sethi
(Expert) 23 April 2013
till your father changes the will it is valid . once he changes the will then the fresh will takes effect . please note that will can be changed any number of times by your father .
rahul pruthi
(Querist) 23 April 2013
my father mention my name and my elder brother name in the will for equal share between my brother and me but my brother expired unmarried ...now i want to know that the property belongs to me after my father as he mentioned my name and my brothers name in the will but now my brother expired ....so now i ve to give the share to my sisiter as well or the whole property belongs to me... as my father not mentioned her name in the will or declare any share....
