Query on will

Originally posted by : shrenik
	No need of will to be registered Make will of ur parents in presence of strong witness pref to a family doctor Mentiin in will that as one of my son is not livinf with us we want to give my property to other son Mention the property details as in the sale deed Note every will can be contested

Will should be registered to avoiid future complications. Hwoever, one cannot avoid going to court. People dont have honesty anymore, chances are matter will end in court and you will go tocourt towards the very end of your life.

Originally posted by : nirpinder
	Hi i need following advice on following query on Will We are two brothers , my elder brother illtreats my parents and is not supporting them financially and has left the home around two years ago, since then he is eyeing on his share in the property where i jointly live with my parents, at present the property is in the name of my mother and she wishes to create a will solely on my name you are requested to advice on my following queries:- 1)should the will be registered in a court and where in delhi or it can be on simple a4 paper witnessed by 2 people 2) if it has to be registered since both my parents are bed ridden is there a proceure that it can get registered by some judicial officer visiting at home 3)is it mandatorily required for the will to contain reason for not having share of my brother who is ill treating my parents 4) what is the procedure and charges to write a will which cannot be legally challenged by my brother 5) also my mother can understand punjabi only she can read and write punjabi only regards nirpinder

Accidentally clicked on like button.  Dont be ecstatic that someone has liked your problem.

You can ask your parents to give complaint against your brother.  or yourself can give complaint against your brotehr with the collector.  Dont approach police for this.

If they are making will get it registered,  Lanugage no bar.  Indian court system is sucn that if your brother wants share in property, indian law has made all arrangements for endless litigation, he can file case and there is no option ofr you other than, roam to court till you die, sometimes children also continue their fathers fight, if you are not married, marry and produce kid, that will help.

Agree with Martin Suji Advocate.

The owner can dispose the estate/property that he/she owns by a valid/registered  deed e.g; Valid WILL in his/her life time, in anyone’s favor.

It is not mandatory to register the WILL.

Registered WILL is not easily set aside on the counts of authenticity.

Preferably register the WILL.

The charges to register the WILL are reasonable.

Approach O/o The Registering Authority with medical record of owner (mother) showing her as confined to bed, and inquire about procedure and expenses of registeration and registration at home.

It shall be better to get her examined by a doctor and declared of having sound mind (to sign the WILL).

She can sign in any  language.

She can and to mention any reason for deciding to give or not to give her estate/property, is her choice.

Any WILL can be contested.

Chosse witnesses that are unshakable.

It is choice of parents, if they want, to proceed against son that is not supporting,caring and ill treating under the simple, speedy and inexpensive remedy available under Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

It is not complusary to register a Will and it can be written in Punjabi, ensure it is properly drafted by a lawyer and has 2 or 3 witness one of the witness should be a family doctor. There is no need to mention why a particular estate is given to one legal heir and wh not to the other. You may get nomination of the property in your name in the society records.

Originally posted by : Kumar Doab
	It shall be better to get her examined by a doctor and declared of having sound mind (to sign the WILL). She can sign in any  language. She can and to mention any reason for deciding to give or not to give her estate/property, is her choice. Any WILL can be contested.   Chosse witnesses that are unshakable.

WHERE TO GET THAT? HA HA HA HA

Originally posted by : Advocate Ram Babu
	Originally posted by : Kumar Doab It shall be better to get her examined by a doctor and declared of having sound mind (to sign the WILL). She can sign in any  language. She can and to mention any reason for deciding to give or not to give her estate/property, is her choice. Any WILL can be contested.   Chosse witnesses that are unshakable. WHERE TO GET THAT? HA HA HA HA

It is a hazard that one has to encounter.

The querist must be aware of the witnesses that can be unshakable.

In case the WILL is registered the authenticity of WILL is ensured to a good extent.

Since any WILL, including registered WILL  can be contested, if contested WILL lands up in probate court of pecuniary jurisdiction.

It has its own cost and time involved in it.

The desription as wanted by querist can be given in WILL.

Since dispute seems to be inenvitable in the matter it shall be appropriate if the WILL is drafted by a very able local counsel of unshkable repute and integrity  specializing in such/civil matters. 

Another Prespective:

Valid/Registered Gift Deed with narration to enjoy till alive and to be served  by Son(s)/Daughters till parents are alive.

The Registering authortiy can register at home since aged owner (parent) is alive. 

 Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

provides security to aged parents as if sons/daughters do  not care the gift can be cancelled/property can vest back to parent.