Will of Property
Pawan Patil
(Querist) 11 February 2010
This query is : Resolved
Sir/ Madam,
I want know if I made Will before my death. In that Will I mention I will give my property to one son instead of two sons?
Is it legal?
Is it Will should registered or on stamp Paper?
I am awaiting your valuable reply
Regards, Pawan
A V Vishal
(Expert) 11 February 2010
Mr Pawan
If the property is your self acquired then it is your sweet will who you want to pass on the property to. However, if the property is ancestral then both sons have share in the property.
Will need not be on a stamp paper, it can be written on a plain white paper and witnessed by two witnesses, further the registration of will is optional but in order to ensure that no litigation arises on the validity of the will it is safe to register/deposit the will with the Registrar under whose jurisdiction you reside.
Raj Kumar Makkad
(Expert) 11 February 2010
In case of self acquired property, will can be executed as you wish but no such will as desired by you can be made in case of ancestral property. In case of registration, a token stamp duty of Rs. 50/- is applicable in most of the States otherwise it can be made on simple paper.
Ashok Yadav
(Expert) 11 February 2010
I am agree with both the experts.
Parveen Kr. Aggarwal
(Expert) 11 February 2010
In case of self acquired property, property can be bequeathed in the manner liked by the executant without any restriction.
However, interest of a male Hindu in a Mitakshara coparcenary property can also be bequeathed by way of will as provided under section 30 of the Hindu Succession Act, 1956.
