Will execution
GOVINDARAJ
(Querist) 10 January 2018
This query is : Resolved
Is it possible to write will in favour of foreign citizens (family members) HOW TO KEEP THE SECRECY OF WILL AND HOW IT WILL BE KNOWN TO OTHERS AFTER THE DEATH OF THE PERSON WHO HAS WRITTEN WILL.
Whether a property bought by selling ancestral property can be given to any one by writing will
Regards
Vijay Raj Mahajan
(Expert) 10 January 2018
Yes anyone including a foreign citizen can be made beneficiary of the Will.
Will is personal document that can be kept in custody of Sub-registrar of the district where testator lives and even without registering it .
The person who is named executor in the Will can also keep the original Will with him.
The executor of the Will can be assigned the job of informing all the heirs and beneficiaries about the Will after the death of the testator and till that time the contents of the Will can be kept secret.
Usually people take services of their lawyers for the job or executor.
The ancestral property that was partitioned and the testator got his share that portion or amount of proceed becomes his self-acquired property or amount in cash that such person can devolve by way of making Will. However if there is no partition of the ancestral property and as a complete is sold and it's proceeds not divided amongst all copacener than that cannot be devolved by way of Will to any one or more beneficiaries as it still is copacenery or ancestral in nature. Will can be made for self-acquired property or estate or money/cash as the case may be.
R.Ramachandran
(Expert) 10 January 2018
If it is an ancestral property, even after partition, it will continue to be a co-parcenary property in the hands of the person who got the share in partition, qua his children. Therefore, the same cannot be given by way of WILL. However, only the share of the particular person (not the whole property which he got in partition) in the said property can be given in WILL.
Vijay Raj Mahajan
(Expert) 10 January 2018
Ancestral property is being partitioned the share of children as they all are copacener is given to them and the father gets his share as copacener, that share in the hand of father remain as his self acquired property and not copacenery property. Father can make Will of that part of the property.
N.K.Assumi
(Expert) 10 January 2018
is it possible to write a will in favor of foreigner-Yes
How to keep secrecy and know the will after the testator's death-Executors, witnesses and legatees
Whether ancestral property can be given by will-insert a paragraph in the will that in case of partition in the ancestral
property, my share will go to such and such legatees. Thats all.
Kumar Doab
(Expert) 10 January 2018
The owner/title holder of property/testator can dispose his self earned/acquired/estate in favor of anyone residing anywhere even stranger…………..
The testator can appoint an executor……………The executor is the person that does needful to act upon the WILL and inform legal heirs, beneficiary……
The testator can mention beneficiary (ies) without appointing executor also…………
The testator can leave WILL with his/her counsel also……………..There are counsel that are specializing in such/testamentary matters………..
The testator can register the WILL (one of the best option)……….
The owner can narrate his/her wishes in valid WILL and last of wish of testator in valid WILL is supreme………..
In any case after the death of testator when WILL surfaces to be acted upon, the WILL comes into knowledge of legal heirs that have to give NOC, consent or contest…………
R.Ramachandran
(Expert) 11 January 2018
Mr. Vijay Raj Mahajan, both of us are on parallel path. When discussing about the Ancestral Property, probably you are talking about the share in the hands of a father who partitioned the co-parcenary property. I agree with you that in the hands of the father, after having partitioned and given the share to his co-parcenary children, the share in his hand is his personal property.
However, I am talking about the son who got his share in the partition. If the said son has his children, then the share of the property that he got in partition will continue to be co-parcenary property in his hands qua his children.
I feel, both of us are right, as we refer to the property in the hand of different persons.
Ms.Usha Kapoor
(Expert) 11 January 2018
I wholly agree with experts specially Vijay Raj Mahajan. Nothing more to add.
