• Mother Will & Father property

My mother wants to write her will , She has some properties on her name

Currently we don't have property paper as it's an old asset

What paperwork & documents are required so she can write her will ?


In case she doesn't write her will so what can happen in future as she is currently suffering from last stage of cancer , my father is alive but mentally lost his senses

We are 3 brothers & a sister

Thanks
Vijay
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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15 Answers

Hi,

Writing a will means a person want to pass on his/her property which he/she owns, to legal heir/heirs after his/her death. The person receiving such property through will has to probate the will after the person's (making the will) death to own the property and in the process has to pay charges in the court. He/she will have to produce documents of the property along with other required documents, which has been given to him/her through will.

In your case, find the property documents through local tahsildar/talathi of the area where the property is located. Every property has its record in the khata maintained by the talathi of the concerned area.

Through will, your mother can distribute her property as she wishes among her legal heirs. In case of absence of a will, all her property will be distributed among all her legal heirs equally.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

For writing of a will she does not need any papers. She may write and register the will. The papers will be needed by the heirs as per the will.


If she doesn't write a will the property shall be distributed as per the Hindu law ie all the heirs ie children shall get equal shares.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Mother can execute will in respect of property standing in her name 

 

2) if she dies intestate ie without a will property would devolve on your father, you and your siblings equally 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Hello,

File an application for cerified copy of the mother deed  and the information regarding  LRO  and proceed accordingly.

Regards

Swarupananda Neogi
Advocate, Kolkata
2951 Answers
6 Consultations

4.7 on 5.0

1. Procure certified copies of all the Revenue /Municipal records of ALL the immovable properties of Mother, via a proper application. This may take about 1-2 months.

2. Based on above certified documents, Mother can execute a registered WILL with two witnesses. (Registering authority can also be summoned at home for registering her will, by paying relevant fees).

3. The above would be legally sufficient for all futuristic purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If she doesn't have property papers there is no difficulty in execution of the will but you have have difficulties in selling the same in future. Then it will be difficult for you to show the claim on all her Properties without will

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Dear Querist, 

To execute a will by your mother it is not required that she has to show the papers while executing a will. The will is just a testament by the person. Therefore, in my opinion the will can be made by her stating the properties she has in her name. Get the will registered. The only thing you need is the aadhar card, 2 witnesses and a lawyer to facilitate you to the registration process. 

You can contact me for getting the will registered on your behalf.

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
422 Answers
1 Consultation

5.0 on 5.0

1. Even if property papers are lost or misplaced, you can obtain a certified copy of the sale deed from the jurisdictional District/Sub-Registrar's Office. A certified copy is as good as the original one. To execute a WILL, sale deed, mother deed, etc are required. If obtaining these documents are not easy, then also your mother can execute the WILL mentioning the beneficiaries and detailing the properties to be bequeathed to so and so by giving the location, measurements, etc.

2.  The signatures of 2 Witnesses are a must in the WILL to be executed by your mother.

3.   In case your mother dies intestate (without executing a WILL), then her property would devolve equally to her Class-1 legal heirs, viz.,3 brothers, 1 sister and your father in the ratio of 1/5th share each (20%).

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

If she doesn't write a will, her property will go to husband and all children in equal shres.

Approach a lawyer for drafting and executing a will.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

To execute the WILL only property details mention in WILL, no document attach except Adhaar. Without Will, her property will inherit by 1/5th share each. Mental capacity dose not impact inheritance right.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See you need ownership documents/ or certified copy of same or government records having her name in it to make proper will for the property as the details of property is required in the will.  

See in can case she fails to write will the property shall be distributed to legal heirs as per the succession act. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

- An unregistered will is valid document, if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. 

- Hence, the Registration of a Will is not compulsory , and after the death of the testator, an executor of the Will or a heir of the deceased testator can apply for probate.

-  Further , A probate is a legal recognition given to a Will regarding its genuineness and legality, declared by a competent court.

- So, for the execution of the unregistered WILL , and to distribute the properties as per WILL , you should file a petition for Probate the said WILL before the court. 

- After getting the Probate decree, you can apply for mutation of the said property in the name of legal heirs ,as given in the WILL. 

- Hence, for writing and registering  a WILL, property document is not mandatory as per law.

- Let her write a WILL on any paper , in the presence of two witnesses , and get that same registered from the office of the Registrar in Greater Noida. 

- If, she will die without a WILL , then you will face a new problem, because after her death the property will be devolved on your father as well , including other legal heir. 

- For getting the property documents, you should visit the office of the Tehsildar/Talathi / Registrar , and further tracing the same , you can get certified copy . 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

1. She can write will without any documents of properties owned by her. 

2. For making will the testator must be in her senses and healthy so that it cannot be challenged in future on this ground. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

writing of the will itself is a simple task and can be done on a plain piece of paper. the signature of two witnesses to make it a legally valid document. 

when person dies without making a will, which is capable of taking effect. The property devolves upon the husband or upon sons daughers the relatives of the deceased .

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

Without property documents how can she claim title or ownership of the property?

She cannot bequeath the property by a Will if she is not having clear and marketable title to the property now planning to bequeath through the Will.

If she has property documents on her name and not able to distribute them during her lifetime, then it will automatically devolve equally on her legal heirs consisting her husband and her children, they can then take possession of respective share int he property by an amicable partition among themselves.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

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