I am 78 year old retired man. I have only 1 married daughter, no other children. My wife has passed away already. I have few accounts, savings and 1 house. All is self earned, no ancestral property. My daughter is nominee for all my accounts. I want to leave everything to her. I do not wish to leave anything to anyone else. Do I need to make a will in her name (she is only child) ? And does it need to be registered? If there is no will, is it going to be very difficult / impossible to transfer the accounts and house in her name? When transferring house in her name, does she have to pay any tax? Can my son-in-law claim right over anything if there is no will? Thanks!
Is handwritten Will considered valid?
Everything(that is your self-acquired properties, both movables and immovables) goes to her automatically. However, just to be on the safer side, you may consider bequeathing all your properties to her by means of a will.
No, even in absence of the will, she can get the house transferred in her name.
Son-in-law has no right on your properties, even if you intestate, i.e., without leaving a will.
Dear Sir,
1. Yes. We advice you to make a registered will in the name of your daughter to avoid any sort of complexity tomorrow. Though she is nominee in any case but there may be some issues with that.
2. NO will may cause some issues and complexity in the process or some objections from unknown sources or cheating etc ..
3. Yes a nominal registration fee + stamp duty.
4. Son in law is nothing to do with this.
5. Yes. Hand written will is valid.
This is opinion only.
To get more clarity more some more information is needed.
A Will can be registered or can be a unregistered document.
in any case your son in law can not claim share in your property.
Instead of Will you can register a Gift deed in your daughter's name which is absolute.
Yes the handwritten will is also considered valid though it can be challenged and can lead to litigation. Now you can make a registered will nominating your daughter for all your property and accounts. Now without will also your daughter is class I legal heir and has claim to everything you have got. The property shall not be subject to any income tax in her hand as immovable property is received as a gift under the following circumstances, it will not be subject to income tax in the hands of the recipient: They are gift received from a relative, received on marriage, under a will, by way of inheritance, from a local authority, gift received from any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in section 10(23C) and gift received from any trust or institution registered u/s 12AA.
No your son in law is not your legal heir so he cannot claim any right over your property.
Hello Sir
Would like to constrain your attention as under:
1. Will of two kinds whether it is registered or un-registered. Both kinds of will is valid in accordance with law. However, if some body challenge the validity and authencity of the said will in such a situation one of the attesting witness required to examine in the court for authencity and validity of will. Therefore, it is advise to you that make it registered in your name and bequeath whatever you wish and desire in favour of your beloved daughter name. Till you live you will be the sole and absolute owner of all the moveable and immoveable property and after your death your daughter will be the sole owner of the Properties. If you feel scared that there may be some or close relative may cause hurdle after your death then execute a gift deed in your daughter favour.
Regard
G.L.Soni
Advocate
The requirement of Will arises when the testator wishes to bequeath his property to someone else than his legal heirs or if there are more one legal heir.
In your case on your demis your daughter being your sole legal heir will inherit all your properties by law of inheritance.
So making of Will in your case becomes not necessary at all.
Q. Is handwritten Will considered valid?
Ans. It is better to type it out and get it duly stamped and registered. take help of a local lawyer.
It is not necessary to execute a Will as you have only one child
Registration of will is optional
It would not be difficult for your daughter to get properties transferred in her name
Son in law has no share in your property
The will is the best way to transfer and getting the will registered will make sure its genuineness. Please make your will in favour of your daughter and get it registered. No one can take a single peny when a will in this regard is present.
But if you wish to pay a normal stamp duty based on the value of the property in the revenue records you may gift the property now and get that transferred to her in your life time and live in peace and make a will for the rest of the liquid assets.
Please hire an advocate who may help you for a nominal charge/fee
Dear Client,
Even if no WILL, she is 1st class legal heir, all ur properties will go in her.
Still u can execute a WILL, registration is not compulsory, but registration is not big deal. nominal fees.
Hand written/typed, all valid, all it need to be attested by two eye witness and clear description of property .
It is not compulsory that a Will be registered. However, to have a registered document, and that other relatives do not unnecessarily harass your only child, you please have a Will prepared and have it registered at the earliest. Nomination does not decide who is the legal heir; it decides for that bank or company to have a person in their records to whom they can pay off all dues to you.
You know the times are not as good as it used to be; many may claim that they are the immediate relatives and legal heirs excluding your only child; and some may even claim that your only child is not actually yours. you may have read the newspapers these days.
Under the circumstances, it is better to prepare you will at the earliest, and have it registered. If possible include both the ID proofs of yourself and your only dughter in the Preface to the Deed of Will itself
Yes you will have to make a will on her name
It will be good if the same is registered though the same is not mandatory.
Yes it will be a long run tedious process for her
No she will not have to pay any tax
no. He can not make any claim on your property
Yes a handwritten will is a valid will.
Regards
1) just you have to give her name as nominee and mentioned as single daughter of yours this will be sufficient.
2) Still you want to create a WILL on her name than create it of all your belongings movable and immovable property and registered it with registrar. And you no tax is paid on it.
3) If there is no WILL and only nomination of your daughter than also you son-in- law could not create any rights on your movable and immovable property.
Before reply your query i would like to inform you the following for your knowledge and purpose:
- WILLl is a legal declaration of the intention of a testator with respect to his property, which he desires to be carried into effect after his death.
- A WILL can be changed by the executants as and when he so likes.
- Section 63 of the Indian Succession Act, 1925 provides that a WILL is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by WILL.
- When a person dies without having made a WILL, he is said to have died intestate. His property is then inherited by his legal heirs in accordance with the law of inheritance applicable to him.
- Legal heirs generally include close family members such as one’s spouse, children, parents, brothers and sisters.
- The Hindu succession act specifically states that you can WILL your self acquired property.
Since, you have only daughter and no other children , then after you , she will have full right on the properties left by you.
But for a better tomorrow , i would like to suggest you to execute a WILL in favour of your daughter after indicating that this is your last WILL and no relative except your daughter will have right over the property left by me.
* As per law , the Registration of a WILL is not mandatory and no stamp paper is required but for future safeguard , you should Register the WILL. The charge of registration is very nominal.
* No your son in law is not your legal heir so he cannot claim any right over your property.
* Yes handwritten WILL is considered valid.
I advice you to get a Will made by a legal expert as they know the in and out of it which would reduce all future obstacles for your daughter.
Yes it is valid very much but there must be signature and details of two competent witnesses in will.
Since your daughter is the only legal heir and successor in interest, she will automatically inherits all your properties, however it would be better that you either make a registered conditional settlement with a condition of life interest to you in all the properties and it shall be acquired by her after your lifetime.
You can bequeath the properties to her name by a registered or unregistered will also, but while transferring the revenu records and all other records to her name, the authorities may insist her to produce the legal heirship certificate and other formalities, hence a registered conditional settlement would be a better option even though it may involve stamp duty and registration charges.
She need not pay any tax for the property being transferred to her name.
Your son in law is a third person hence he cannot claim any rights ion the properties that belongs to you.
Is handwritten Will considered valid?
Handwritten will is also valid provided it is witnessed by two witnesses.
Please note since you have only one daughter she has right over property. Son in law cant claim anything. Better get a registered will done. She may have to run pillar to post if there's no will. She may have to pay tax if your gifting her your house. If the property transfer after your death then nominal fees may be needed depends on state.
In case of movable, nominee shall help, however, in case of immovable, execute a gift deed in favour of your daughter and by virtue of S.14 of the hindu succession act, she will be the absolute owner during her life time and can bequeath to anyone during and after her lifetime.
It's always better to execute a will for your property. Handwritten will is Valid but it is advisable to draft the same and get it registered. If you transfer by will she needs to pay the stamp duty & registration charges to get it registered in her name. Son in law will have right if your daughter transfer her share or after the death of your daughter bequeath her share to him.
1. A will needs to be properly registered, to have irrefutable legal status.
2. IF there is no will, THEN even the neighbours would produce a false will, staking claim on the properties.
3. IF all is normal, THEN to avoid future complications, a Registered Gift Deed may be prepared even today, in favor of the Daughter and such Gift Deed may be kept secret (only between Father & Daughter) and the Daughter may declare the same after demise of father.
Keep Smiling .... Hemant Agarwal