WRITING OF WILL
Rajesh Tandon
(Querist) 15 July 2011
This query is : Resolved
1. Kindly clarify if there is a property owned by two individuals jointly and if one of the two individuals wants to write his will on the 50% part of the property i.e on his/her share ( in case of the sale of the property) without knowledge of the other party to whom the balance of 50% of the property belongs to, is the same permissible? Is this act legal or it amounts to cheating?
2. If it is not objectionable, on the that part which belongs to him or her, then what are the modalities of writing the will?
THANKACHAN V P
(Expert) 15 July 2011
There is no legal bar to execute a Will with respect to the undivided share.
As it is a joint property half share cannot be shown separately in the deed of Will.
Raj Kumar Makkad
(Expert) 15 July 2011
1. Such co-sharer is free to write his will confined to his own 50% share. There is no legal necessity to ask or to give knowledge or discuss about such will to the another joint-holder of the property because will is a secret document confined to his own share. No law can interprate it as 'cheating'.
2. As discussed above, will is a totally secrete document of individual. Modalities of will are to be finalized by such person only. It may be oral, it may be written, it may be registered, it may be unregistered, it may be after due discussion, it may not be discussed.
