rajshah 05 July 2016

Ensure my 2 sons (wife 1) are my legal heirs

BACKGROUND

I am Hindu and have 2 sons from my 1st Wife and my only source of income is Rental income from my immovable property
My 1st Wife passed away In 2010
Now I plan to get married again (court marriage )
My 2nd Wife already has 2 sons from her 1st Husband
I want to ensure that after me 2 sons from my 1st Wife become the only legal heir ,and all my property a to be passed to my 2 sons only
I want to ensure that my 2nd Wife and 2 sons from my 2nd Wife can never claim of the assets I have as I will Make separate FD's for my 2nd Wife
Also till the time I am alive I want to safeguard myself hence in all my Properties where only my name is there I will add my 2 sons name and this means me and my 2 sons all would be 33% owners of each of the properties

Scenario 1 ( Have 2 Questions)

Now i am planning to Add my 2 sons name in all my properties so that each of us become 33% owner of the property.

This will make me 33% owner in all my property .

1. Will 2 Children of my 2nd Wife will be considered as legal heirs and have any right in 33% of my property?

2. Who will be my legal heirs and what will be each 1's share (%) in my 33% property?

Scenario 2 ( Have 3 Questions)

Now if i make my register will and mention that my 33% rights in property to be transferred to my 2 sons only.

Also i plan to create specific trust of 33% of my property and make myself and my 2 sons as trustees and mention in Trust deed that class 1 beneficiary will be 100% myself initially

and After me Class 2 beneficiaries will be my 2 sons only

1.By making will and creating specific trust am i ensuring that all my properties will go to my 2 childrens only?

2. Also can my 2nd wife in future create 1 more will of mine in her favour and register it (assume i am not 100% fit in that case ) ?

3. Consider under her influence i register my 2nd will in her favour and register it and at the same time since I have already made specific trust earlier and clearly mentioned in the trust that my 2 sons are the trustees and will be the only beneficiaries what will then happen?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 July 2016

Son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, duaghter of a pre-deceased daughter, widow of a pre-deceased son, son of pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son, widow of a pre-deceased son of a pre-deceased son.

Class II

1. Father

2. (1) Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter , (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.

IV. (1) Brother’s son (2) Sister’s son, (3) brother’s daughter (4) Sister’s daughter.

V. Father’s father. Father’s mother.

VI. Father’s widow, brother’s widow.

VII Father’s brother, father’s sister.

VIII Mother’s father, mother’s sister.

IX Mother’s brother, mother’s sister.

Explanation.- In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.