GOVINDARAJ 03 July 2017

Execution of will

I WOULD LIKE TO WRITE A WILL ,WHICH I WANT TO KEEP SECRET IT SHOULD BE KNOWN TO FAMILY MEMBERS AFTER MY DEATH, TO WHOM I SHOULD GIVE THE WILL FOR EXECUTION AFTER MY LIFE,I DONT HAVE FAMILY LAWER,AND ALSO I DONT WANT TO GIVE IT TO OTHER FAMILY MEMBERS AND RELATIVES, I WANT TO GIVE ALL MY PROPERTIES IN MY NAME AND ALSO SOME ANCESTRAL HOUSE PROPERTY UNDIVIDED,TO MY DAUGHTER's CHILDERN NOT ANY THING TO MY SON SINCE I AM NOT HAPPY WITH HIS ATTITUDE.PLEASE SUGGEST ME WHETHER THE WILL TO BE REGISTERED,OR NOT, AND THE WILL SHOULD NOT BE DISPUTED BY MY SON LEGALLY.

PLEASE SUGGEST ME

REGARDS

JEYAKUMAR

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5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 03 July 2017

Sir,

Go for registered will ..........

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Raveena Kataria (Advocate ) 03 July 2017

Your son would be entitled to a share in the ancestral property as is his right. Even if you leave behind a will, he can contest it after your death and file a civil suit to get his share back. It's only your self-acquired property which you can dispose of as you please.

It would however be prudent for you to have the will registered, so your son is unable to contest your (unregistered) will and thus claim any share in your self-acquired property. For that, I'd advise you to get in touch with a local advocate who can help you draft the will, also you'd need to pay the registration fees and get assistance of any 2 witnesses to have the will registered in the nearest sub-registrar's office.

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Kumar Doab (FIN) 03 July 2017

It is felt that you may either:

prefer settlement deed with life interest.

Or registered WILL.

Avoid including as much as possible, ancestral properties, in WILL.

If workable and possible discuss registered family agreement with yor own counsel.

Kumar Doab (FIN) 03 July 2017

Or sell the self acquired property and you share (calaculate carefully and don't incluse share of Co parceners0 in ancestral property.

Buy separate units for each of loved ones and enjoy the rest and if you wish leave in Bank with clear nomination and a registered WILL for Nominees.

A very able local senior counsel of unshakable repute and integrity specializing in civil matters.............and wel versed with rules/laws/cusrtoms applicable to your family roots/community/tribe can address all of your concerns.