• Legal opinion on will

Hi,

   I have gifted my flat to my parents.
They said they would write the Will for that flat to be inherited by our child once our child is born.
I have 2 sisters who were married.
My question is that:
1. Even if my dad makes a Will for that flat to be inherited by my baby, can my sisters make a claim for the share in that property?
2. If my parents don't write a Will for that flat to our baby and instead write that to my sisters, do I have a legal right to claim that flat after them?

Thanks & Regards
Asked 2 years ago in Property Law from Hyderabad, Andhra Pradesh
1) if your father bequeaths flat in your name your sisters can dispute will on ground that will was executed under undue influence or that your parents were of not sound mind at time of execution of will 

2) get will drafted by lawyer . have it registered and attested by 2 witnesses . if you take legal precautions chances of your sister succeeding are bleak 

3)if your parents bequeath flat to your sisters you can challenge the will but if adequate precautions have been taken in drafting and execution of will your chances are bleak
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
No your sisters can not make a claim in the property if the will is registered and has been witnessed by at least 2 people.

if the will bequeathed in favor of your sister's is not registered can it be challenged else weak chances to challenge it.
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
Gift once executed you can not claim back, it would be treated own property of your parent.
1.If your father make a WILL in your or child's favour and if it would grant by the Court through a Probate Case then your sister can not claim.
2.On the other hand if you father died intestate without making Will then your sisters can claim.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
you say that the property is yours and is being gifted to your parents by you. please ensure that your gift deed is properly executed and the property stands accepted as gift by your parents. 
once the gift is in place, they can definitely execute a will in favor of your child but the will needs to be duly registered to ensure it is fool proof and your sisters do not try to take advantage of it by challenging in court. it may have a clear recital that the property is being bequeathed in favor of your child as it was gifted by you to your parents and as such they deem it proper that it goes to your child only.
in the event your father dies intestate then the inheritance law shall follow accordingly.

in so far as writing a will in favor of your wife is concerned you may write her maiden name followed by nee followed by her present surname. in the alternative you should write the name that she uses presently in all the documents like pancard, driving licence etc, passport etc to avoid confusion.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
1. How did you get the ownership of the flat which you have gifted to your parents? Did you purchase it out of your own funds? Which right did you wish to transfer to your parents? If your parents were to will this flat to your child then you should not have executed a gift deed in their favour in the first place. There were other options available under the law to transfer the right which you wanted to confer on them. So to this extent the execution of gift deed was not a prudent move. 

2. The ownership of the flat passed to your parents after you executed the gift deed in their favour. As the joint owners of the flat they are now at liberty to bequeath the property to any one. So your parents can make a will in favour of your son. 

3. Your sisters can challenge the will in a court of law on the ground that the said will is vitiated by coercion i.e the the will was not made by your parents with their own free volition. 

4. Since your parents are now the owners of this flat they can give the entire property to your sisters by making a will in their favour, which can be challenged by you on the ground enumerated in the preceding para. 

5. To preempt an legal action by your sisters get the will drafted by a lawyer. A meticulously drafted will will sustain even the most tempestuous legal challenge in the court.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
if you want to execute will in favour of  your wife mention her name with surname as reflected in marriage certificate , pan card and other documents 

get will drafted by local lawyer
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1. If your father executes a Will bequeathing the said property to your baby, then your sisters will have no claim on the said property,

2. Probate of the said Will has to be obtain to validate the same otherwise the Will will have no validity,

3. If your father executes a will in favour of your sister, then you shall have no right on the said property,

4. The fact that you had once gifted the said property to your father will have no consequence for your baby's cliaming title of the said property at a later date.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
If you write a will in favour of your wife on a particular date, mention her exact name with surname prevailing on that particular date of writing the said Will.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
A. Since you have been gifted your flat to your father that you have no right to take back.

B. By virtue of the Gift Deed if its registered, your father becomes the absolute owner, and can make a will to any person. So your sister cannot claim the Flat. However, will can be challenge on the basis of coercion, undue influence, fraud etc.,

C. In your area, i.e. Hyderabad, probate is not compulsory. For more information, contact local advocate.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Hello,
1) Once you have transferred the property by a Gift Deed to your parents they become absolute owners and are at liberty to transfer it to anyone including your sisters.
2) As you mentioned in your query if they are making a will to transfer it to your unborn child let them do kit at the appropriate time and have the will registered.
3) If you make a will favouring your wife mention her married name as that would be what she is known by. Ensure that besides the marriage certificate her name appears the same way on another valid identity card as well.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Even if my dad makes a Will for that flat to be inherited by my baby, can my sisters make a claim for the share in that property?
Ans:-No.Since the property being self acquired in the hands of your parents.
2. If my parents don't write a Will for that flat to our baby and instead write that to my sisters, do I have a legal right to claim that flat after them?
1)No.For the same reason above mentioned.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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