Saket Gandhi (advocate) 20 September 2010
I have a query regarding Will. My client wishes to become Sadhu and he is living all the pleasures of life... He owns a flat and wants to give it to his brother. Now can he make a Will and give this flat to his brother. Note that after he becomes a Sadhu his identity i.e. his name will also change. His whole idnetity as a person will change and he would be living all his movable and immovable that he has with him.. So can he make a Will or if not then which is the best document to be made.
Saket Gandhi (advocate) 20 September 2010
When the execution of such Will will take place... after his death or after he becomes Sadhu..
R.Ramachandran (Advocate) 25 September 2010
Any Will will become effective only after the death of the testator.
Even if the name gets changed after making the will, yet on the death of the testator, the will can be probated and given effect to, provided the fresh name as Sadhu is known, and that he clearly testifies in the will itself that he is becoming a Sadhu and hence giving the property through will to his brother or any one else....
It is anybody's guess whether the brother will ever come to know of the demise of the Sadhu to get the benefit of the will.
In any case, why not the Sadhu make a gift of the immovable property to his brother - is the would be Sadhu worried about the fact that Stamp duty has to be paid on the value of the property and which would like to avoid?
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