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Baaji   30 January 2017

Willwriting

Sir please clarify my doubt... if a father let say F has two sons A and B . B has two sons 1 and 2.... if father F wants to distribute a self bought property by means of a will ,,,,, can he give half of that property to A and half of remaining property to 2( not to his son B ,but to his grand son) is it possible to write a will like this... if possible does the signature of son B is necessary or not?? Can son B made as executor or not?


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 7 Replies


(Guest)
Originally posted by : Baaji
Sir please clarify my doubt... if a father let say F has two sons A and B .
B has two sons 1 and 2.... if father F wants to distribute a self bought property by means of a will ,,,,, can he give half of that property to A and half of remaining property to 2( not to his son B ,but to his grand son) is it possible to write a will like this... if possible does the signature of son B is necessary or not??
Can son B made as executor or not?

Writing will is not joke.  YOu contact lawyer locally and get this done.  Get it regisetered also.  Rest laweyr will tell.

Kumar Doab (FIN)     30 January 2017

It is believed that you are all Hindu. Confirm!

NO one has any forced share in self acquired estate/property of a Hindu male.

A Hindu male can dispose his entire estate/property in his life time by a valid WILL and/or valid deed e.g; sale/Gift/release/relinquishment/transfer/settlement etc etc

So Father: F can also do so as it pleases to him.

He can appoint anyone as Executor and anyone can be a witness.

However these  may preferably be neutral and outside relation to spell out suspicion.

 

It is better to register the WILL. Registered WILL may not be easily set aside atleast on the counts of authenticity. 

GANDHI MOHAN BHARATI (Pensioner)     30 January 2017

Self earned property can be willed away to anyone. There are no restrictions.

There are certain formalities to be followed such as the will being written on his own voilation, not under duress, with a perfect state of mind and ending with sentences like the witnesses and the will writer statingthat "that the wil writer signed in their presence and they have signed in each others presence", You can google search for model wills.

Registrationn is not a must. It will help in proving a will, if contested.

Even if it is Registered, it may require probating in a HIGH COURT under certain circumstances. 

Kishor Mehta (CEO)     30 January 2017

Sir,

A WILL can be written on a plain sheet of paper and should bear the signature of the testator on each page, registration of a WILL is not mandatory but advisable. While writing a WILL. one has to observe some important points as under:

[1] WILL should bear the date, [2] WILLED property should be legally owned by the testator, [3] Two independent witnesses should sign the WILL, [4] An executor should be appointed, [5] Nothing should be bequeathed to the witnesses to the WILL., 

Good Luck,

KIshor Mehta

H.M.Patnaik (Proprietor)     30 January 2017

Since all your queries have been properly addressed by Experts above, you can go ahead with the job.

Baaji   30 January 2017

Thank you all for your fast and valuable advices... 

 

Kumar Doab (FIN)     30 January 2017

You are welcome.


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