Will
vishnu
(Querist) 29 October 2014
This query is : Resolved
Is it possible for my relatives to take away the property from my children by creating fake will after i die.
property is registered on my name.
what is the best way to protect the property on my name.
Devajyoti Barman
(Expert) 30 October 2014
It is not easy to take away property.
However if you have any such doubt then execute a registered Will in favour of your children/wife.
P. Venu
(Expert) 30 October 2014
You can execute a will or settlement or gift deed in favour of children during your life time.
Rajendra K Goyal
(Expert) 30 October 2014
Execute a registered will in favor of person you want to give your property.
ajay sethi
(Expert) 30 October 2014
contact a local lawyer . get will drafted by lawyer . execute it in presence of 2 witnesses . have it registered
vishnu
(Querist) 30 October 2014
Hi All
thanks for the your response.
Can you please clarify.
what is difference between registered will and un registered will.
for example.
if I register will and a fake will is created after my will which is valid?
for example
register will is created on 1-nov-2014
and normal unregister will is created on 1-jan-2015. which is valid?
vishnu
(Querist) 30 October 2014
Courts will considered registered will or unregistered will as final will in case of dispute
Dr J C Vashista
(Expert) 30 October 2014
At the time of its probate and execution after your death, both types of Will(registered and unregistered) shall be on equal footing except at the time of their proving in evidence, which is a subjective issue, consult your lawyer.
Prefer gift deed.
malipeddi jaggarao
(Expert) 31 October 2014
First of all, why are you entertaining this doubt? Are your children not capable of dealing such things at a later date?
You seem to have one problem.
1) You do not wish to alienate the property during your life time to children.
2) You are afraid that your relatives may grab the property after your demise.
1) If you do not have any problem to alienate the property in favour of your children during your life time, registered gift deed is the best solution. If you do not wish to alienate the property during your life time, registered will is the option.
2) There is no difference between the registered will and unregistered will. Only the difference is registered will is under safe custody of Sub-Registrar whereas unregistered will is in the hands of executor named by the testator. To clear your doubts the following is mechanism for operation of Will:
• Form of a Will
There is no prescribed form of a Will.
In order for it to be effective,
• It needs to be properly signed and attested.
• The Will must be initialed by the testator at the end of every page and next to any correction and alteration.
• Language of a Will
A Will can be written in any language.
No technical words need to be used in a Will.
The words used should be clear and unambiguous so that the intention of the testator is reflected in his Will.
• Stamp Duty
No stamp duty is required to be paid for executing a Will or a codicil.
A Will need not be made on stamp paper.
• Attestation
A Will must be attested by two witnesses who must witness the testator executing the Will.
The witnesses should sign in the presence of each other and in the presence of the testator.
However, according to Hindu Law, a witness can be a legatee. Under Parsi and Christian law, a witness cannot be an executor or legatee.
A Muslim is not required to have his Will attested if it is in writing.
• Registration:
Under section 18 of the Registration Act the registration of a will is not compulsory.
It is strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity.
A Will must be proved as duly and validly executed, as required by the Indian Succession Act.
Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen.
It shall be released only to the testator himself or, after his death, to an authorized person who produces the Death Certificate.
The cover should be super scribed with the name of the testator or his agent with a statement of the nature of the document.
An amount of Rs. 1,000/- will be charged as fee. The deposited cover may be withdrawn by the testator or his agent on payment of prescribed fee of Rs. 200/-.
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
Expert Mr. Malipeddi Jagga Rao has very clearly explained the as well as how to handle the issue properly.
Even in my opinion, you may execute a registered conditional settlement/gift deed in your children' favor by invoking the life time benefit condition in your favor as a recital in the deed.
vishnu
(Querist) 03 November 2014
Hi All
Thanks for your response.
In my case children are minors and Gift deeding to minor, we need to appoint a guardian. now a days we can not even trust any one in case of money.
is there any other way of gifting to minor children without guardian
malipeddi jaggarao
(Expert) 03 November 2014
Guardian is the for protecting the interest of the minor as the minor cannot handle the things on his/her own. I already suggested two options.
According to me there is no other way.
