• Regarding will

We purchased joint plot in the year 1993 in the name of my father (who has been expired in 2004), my diseased elder brother wife (house wife and brother expired in 1988) and my wife ( bank employee). We built the plot in 1996( 1st and 2nd floor) and 2004 93rd floor). There is no mention about the share of each. However, by relinquished deed my father share has been transferred in my name. My diseased brother has two sons and one daughter and I have one son and one daughter. We want to make a will for each floor to three sons and floor rights to all the three male sons after our death. Pl. suggest how to make the will of undivided/earmarked floors in our name. Further, in case of death of any one of us how and when rights will be shifted and in which favour ( which son).
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Dear Client,

You are 2/3rd share holder of property and brother`s wife 1/3rd.

Either partitioned the property acc. to share holding, 2 floors particular to you and one to her.

Than execute WILL, mentioning share in property i.e. this floor belongs to you and that floor to her, and same is bequeathed to this son and that son.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

hello,

the property belonged to your father your wife and your bro and his wife. 2 of them died. your fathers share has been transferred to you by your father. your bro's and his wife share will go to their children.

you and your bro's family each have 50% of the share.

after you, your property would be divided amongst your children and wife.

in case your wife dies 1st, you and your children would inherit.

your bro had 3 children. their share will be divided amongst them.

you haven't explained who constructed the floors, as that is also imp in deciding but assuming that you and your bro spent equally, the share would be as explained.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

After your father's death you, your sister-in law and your wife are the legal owners of the property in equal proportion(one-third),since your father has relinquished share in the property by way of relinquishment deed in your favour.

Therefore, three separate wills would be executed by all the three co owners of the property bequeathing their shares to one son each. So, after the death of any of the co-owner of the property, the property would be inherited by the son whose name is mentioned in the deaceased person's will.

For any other assistance, feel free to call.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear Client,

First the share will be decided in two portion -one for you and second for your bro. If your bro has expired, then his share will go in the name of his wife and children. And if property is in the name of you and your sister in law and his daughter has no objection then you may make a will in the name of three sons. Be sure your sister in law and his daughter can challenge it for their share.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Your father had one third share in plot

2) since your father transferred his share in your name you have one third share in property

3) you can enter into deed of family settlement for division of property by metes and bounds

4) you can bequeath your one third share in property to your son

5) similarly your brother wife can bequeath her one third share in property to her 2 sons

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1. first enter into a deed of family arrangement between the 2 brothers

2. in that deed, each brother will agree on which floor goes to whom

3. once that is done, the share of each brother will be identified

4. then both brothers can make their separate Wills wherein they can bequeath their respective floor to the beneficiary of their choice

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

If it is self acquired Property you can make a will for the Same. Will will be executed after your death in manner stated in the will for execution.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

1. Your father transferred his 1/3rd share in your favour whereas your wife too has a 1/3rd share in the property.

2. You are free to make a will to bequeath your share and your wife too can make her own will.

3. The will comes into operation only after the lifetime of testator. Get the will registered.

4. Make two separate wills instead of a joint will.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

IF there is no mention of share then it mean that all three are the joint owner of the property. You may explain in the WILL how you wish to transfer the right and which son has to take the flat first after the demise of the testator of the WILL.

Please take the help of some lawyer, who will assist you to draft the WILL.

Regards,

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. Yes. Three separate files would be executed and registered by the siblings in favour of the sons.

2. The onwership would be transferred when any of the executor of the will dies, and floor in their share would be inherited by the son whose name is mentioned of the deceased person's will.

3. You do not have to make a forth well as the three wills can contain a clause that their share of the ceiling rights would also be shared jointly by all the sons.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Joint WILL valid and possible in your case.

Ownership will transfer by death of each testator, Who will die first his/her share will dissolve beneficiary.

No WILL for ceiling right. It will be jointly held just like at present between present owners according to rule of proportion.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) better separate wills be executed by you , your wife and brother for property standing in their name

2) on your demise property can be transferred in your beneficiary names

3) not necessary that on death of all 3 joint owners property would be transferred in beneficiary names

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

.1. first you 3 have to identify which floor is to go to whom

2. once that is agreed mutually between all 3 of you, then you can record that in writing by executing a Deed of Family Arrangement

3. once the above deed is signed between you 3, then for each floor, the other 2 parties will sign release deed in favour of the party to whom that floor is allotted under the deed of family arrangement

4. for example, if 1st floor goes to you, then your brother's wife and wife will execute release deed in your favour, therein releasing their rights in the 1st floor in your name

5. similarly release deeds for other two floors can be executed

6. have all the 3 release deeds registered

7. now the property of each of you is duly identified under the Deed of Family arrangement and the release deeds

8. now each one of you can make a Will in favour of the beneficiary i.e. the 3 sons

9. the property will be transferred to the sons' names after the demise of the testator i.e. the maker of the Will

10. if you want to avoid any future disputes between the 3 sons, then if those 3 sons are majors, they can also be included in the Deed of Family Arrangement and the floors can be distributed between them therein. So transfer in favour of sons will happen in their lifetime itself and any future disputes can be avoided

11. terrace is a common area which can be enjoyed by each son. However if you wish to make a Will of that too, then it can be included in any of the 3 above Wills itself. No need for a 4th Will

12. A joint Will of 3 of you will further reinforce the Deed of Family Arrangement and consequent release deeds. But in order to avoid any confusion it is better that separate Wills are executed

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

This involves lot of complications.

This proposal has to be decided by talking with all in a sitting.

The mutually agreed conditions can be put in writing either by a will or by a family arrangement.

You can keep a lawyer who will guide you ton prepare the draft family arrangement deed or the desired will.

The fact is that your deceased brother's legal heirs are entitled to one equal share in the entire properties.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. Your wife and your children and not entitled to any share in your share of properties at least not till your lifetime, hence you may have to first get the properties partitioned, ascertain your share after which you can transfer your share of properties to your wife or children as per your desire and choice.

2. Your proposal itself is illegal and invalid in law hence no such transfer can be made legal.

3. The question do not have answer in legal point of view. Hence you may consult a local advocate on the steps to be taken properly and which are legally valid before jumping into any conclusion

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. JOINT will is legally not enforceable and cannot be prepared.

2. Will can be prepared ONLY for properly demarcated and designated properties and not for undivided /non-partitioned property. Either demarcate the relevant portions of the property in the existing and eligible persons name and then make a will.

3. Any OPTION would be to execute a Stamp Duty paid Registered Family Settlement Deed, with strategic clauses, with clear rights of each of the intended beneficiary and consequently file application with the civic and revenue authorities to affect proper mutation entries. This will avoid any and all future litigation's among the legal beneficiaries.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can make a joint will but the same can't be revoked individually. Only after the death of others it can be revoked individually.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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