My grandparents has three daughters. After the intestate death of my grand father, my aunts bribed the revenue officials and the title on the entire property of grand-father (self-acquired) changed to my grand-mother and later to their names through gift deed. My grand mother passed away soon after this. We came to know this and filed a petition in the court. It can take more than 2 years from now for the verdict to come out. My mother is old. She has one daughter and two sons. My sister was married a long time ago and she was given the property and cash during the marriage. My parents would like to write a will and give property in court to sons. To avoid future problems, 1. Can she make a will on this property on which the dispute is going on in court? 2. If will deed is not recommended, how to make sure the property will be transferred to sons only after (if) court verdict is out (favourable)? Thanks.
1. She can bequeath the property to her children with a condition stating that if the court case is decided in her favor then this proerty shall be acquired by her named beneficiaries.
2. The Will is a god option, if no arrangement is made then the properties shall devolve on all her own legal heirs who may divide the property with their mutually agreed conditions and acquire them accordingly
mother can execute will bequeathing her property to whom soever she pleases
2) will should be attested by 2 witnesses
3) registration of will is optional
Yes. your mother have 1/3rd share in grand father property whcih she can bequeath to her sons. She can execute WILL that her 1/3rd share will distribute in her sons.
Don `t use word "if"
1. See at present mother is not having title of the property so with the condition of the case and her title she can make will in your favor giving you the property.
Yes she can make a will but the will will be operative only after the Court verdict.
Will is recommended but anything will not go against court verdict even if executed by you
1. Mother can execute Registered WILL bequeathing the disputed property, to her sons, without any reference to the existing court dispute or rights of anybody (including sister). However the enforceability of the Will will be subject to the outcome of Court's decision /order. WIll is enforceable ONLY after demise of Will'maker.
2. Further, IF court's decision is in your favor, THEN Mother can immediately execute Registered Gift Deed in favor of Son/s and the Son/s can mutate /transfer the property in their own names based on the Gift Deed and even immediately Sell /Transfer / Gift /Donate /Mortgage /whatever .... without any further reference to anybody, whosoever ....
Yes, your mother can execute Will bequeathing her share of property forming part of court litigation not only to you but to anyone.
The said Will has to be executed in presence of two witnesses and they have to affix their signatures as witnesses.
Further, the said Will has to be registered before concerned Registrar by paying duty.
Yes it is possible to make a will and get it registered even if the property is in dispute the effectiveness of will will only be applicable if the property is decided in favour of the testator
She can make a will and After the testator signs, the Will requires an attestation from two or more witnesses. Each witness requires to see the testator sign or affix his/her mark to the Will or see some other people sign the Will, in the presence and by the direction of the testator.
1. Yes she can make will stating that all the properties which will belong to her at time of her death.
2. Will is the only solution for getting property transfered on name of sons at time of death.
