WILL DEED OR GIFT DEED
hln
(Querist) 13 June 2009
This query is : Resolved
Dear sir,
My friend’s wife is living separately since 20 years and is not willing to join him. She is unwilling to give him divorce as she is claiming maintenance from him. He is a patient with renal failure and since he had no one to look after him, he married a girl, who is looking after him till date, with utmost care and he has two issues out of her.
He has a self-acquired property in his name and his wish is to give this property to his second wife and children for their maintenance after he is gone. He is worried that the first wife who did not contribute in any of her duties as a wife may lay claim on this property after his death. He wishes to write a Will in favour of his second wife so that she could enjoy peaceful possession of the property with her children as the children are still minor.
He intends to bequeath the Property through a Will. What is the stamp duty involved for the property worth Rs.25 L. How will the Will work in his case. Does it protect the interest of his second wife and children?
His first wife who is claiming maintenance from him during his lifetime would cease to receive any maintenance thenceforth. As he is gainfully employed, he plans to write the entire terminal benefits in favour of his First Wife. Will this suffice to compensate her? How will she be compensated in the eyes of Law?
Which is better a Will or a Gift Deed in this case and what are the legal implications in this regard. Kindly advise.
Thank You,
J K Agrawal
(Expert) 13 June 2009
a Will is enough and will do (gift deed cost stamp duty)
It is better to scribe as " all my dues and obligations including maintenance dues shall be satisfied firstly from my retiremtnt benefite and after that my wife (first) will get remaining part"
It is again advisable to mention all circumstances that why you want to favour second wife and it is again not bad that you send copy of will by registered post to first wife.(it will eleninate all doubts about will)
A V Vishal
(Expert) 13 June 2009
Already answered query Mr HLN
Khaleel Ahmed Mohammed
(Expert) 13 June 2009
Dear,
Your friend has committed offence U/S 494 IPC. As per the provission of the said IPC your friend and her second wife is punishable under said section. Bigamy is not permitted to Hindu Citizens.
The children of your friend out of second marriage will be considered as illegitimate children.
What ever your friend have property,if he made will, the will might be cancelled.
It is better to sell the property which your friend have with him,convert the sale proceeding in another property in the name of his second wife.
Q.Should bigamy legalise to all citizens of India?
adv. rajeev ( rajoo )
(Expert) 13 June 2009
regd., will is OK. It is his self acquired propertyso he can transfer to anybody according to his will and wish. For regn., of will I think it is minimum charge.
Manish Raghav
(Expert) 14 June 2009
Hi
Will is good for the self acquired property.
Y V Vishweshwar Rao
(Expert) 14 June 2009
I Agree with all my lrd Friends and furhter add that !
1- There is Second Mrriage - if it is illegal - the Claim of Second wife and her Children !
2- The First Wife is there she is Class One heir -legally wedded wife
3- It is self acquired proerty of Husband
Terefore it is better to opt for a Regd Gift Deed in favour of Secodn Wife -
with a condition to serve the husband till his life time and to forward the proerty to Children of the Second Wife.
Conditional Transfer of proery -durign the Life time of the Huband to avoid all disputes after his death !
