Laws for property division

Background: I am the only child for my parents and my father is no more. My mother is aged 76 years having multiple health problems and has now decided to make a living will in my name as per her choice. I am married, well-settled and having two sons, aged 20 and 10 years. I am working in a well-payed job. My husband is in a very good position and earning well. My mother has a property (own house), valued about 1.5 crores. Me and my mother share a very good rapport and are in very good terms. We stay on her house first floor and she stays alone downstairs.

Questions:
1) I am worried if she makes a will in my name, after her, whether in any case, my elder son or my husband can cause any harm to me and do away with the property?
2) Does my elder son, being a major now, have any hold on the property after her (with or without the will)?
3) Can my husband and his people do any harm to me such that the property will go to them (which I honestly don't want to happen because my parents struggled to build that property)?
4) Would need advice on how to make a strong will that the property goes to the right deserving person only rather than going into wrong hands.

Asked 7 years ago in Property Law

Religion: Hindu

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5 Answers

1. There is an old saying that there are always three motivations for a crime- 'Jar', 'Joru' and 'Zameen' i.e Money, Women and Property. After your lifetime the property willed to you by your mother will devolve through succession equally on your husband and children unless you make a will to the contrary during your lifetime.

2. In the event your mother executes a will in your favour then you will become the absolute owner of the property. Neither your husband nor any of your children will have any claim to the property during your lifetime.

3. Whether or not any harm will be done to you by your husband or children is a hypothetical query.

4. You will be free to execute the will in favour of anyone including a trust or stranger.

Ashish Davessar

Advocate, Jaipur

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Thanks for your prompt reply Mr. Davessar. Down the lane, on succession of the property, am I allowed to the make my will immediately??

Asked 7 years ago

1) once property is bequeathed to you under will you would be absolute owner of the property

2) your husband and sons would have no share in the property

3) you can on inheriting property execute a will bequeathing property to whomsoever you desire

4) only if you die intestate would husband and children inherit your property

5)if your husband or son murders you they would not inherit your property

Ajay Sethi

Advocate, Mumbai

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A will comes into operation only after the lifetime of the testator. So if your mother executes a will in your favour you will become the owner of her property only after her lifetime. After the demise of your mother you can immediately execute a will in respect of the property that you inherit from her.

Ashish Davessar

Advocate, Jaipur

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1. Your worries are unnecessary. The properties in yor name cannot be snatched or grabbed by anyone, if someone does that then it can be termed as an illegal act punishable under criminal law.

2. The property on your mother's name shall remain on her name alone, nobody can take it away.

If you apprehend any danger, you may get the property transferred to your name with lifetime benefits being retained by her.

3. Your husband or his relatives, if eyeing on the property, they may do anything, but if you are afraid of any such situation, you may either lodge a NCR with local police or can get the property transferred to your name properly by a registered document.

4. The contents of the will should not be ambiguous and unclear.

The intention of the testator for benefiting the beneficiary should be very clearly and legibly stated in the will.