DIN-KUM-GUP (xx) 19 May 2014

Will by a mother

Sir/Madam,

My other wants to write a will as my father is not alive. There is a inherited property [house] and we are 3 sons. My mother wants to give this property to only 2 sons. she does not want to give anything to third son as he does not take care of her and lives separately with his wife and sons. Please guide me on following:

1. is my mother entitled to write a will ?

2. what formalities are to be done to register this will ?

Please reply.

Thanks

Reply Follow

5 Replies

Adv Archana Deshmukh (Practicing Advocate) 19 May 2014

Is the property inherited from your father's side or mother's side? In whose name the property stands today?

Laxmi Kant Joshi (Advocate ) 19 May 2014

If the property is in your mothers name only then she can make a valid will otherwise she can't , in that condition you all have to get legal heir certificate and the whole property will distributed equally among your mother and her three sons it means your mother is entitled only for 1/4 share in the property , now she can make will of her share .

DIN-KUM-GUP (xx) 19 May 2014

Dear Ms. Archanaji & Mr. Joshiji,

Thanks for reply. Property is not in my mother's name and also it was inherited from my grandfather as per law of succession. In this case, can she write a will as per her own choice?

Please reply.