Father can execute will bequeathing money lying in his bank account to his divorced daughter
2) you can be witness to will
3) divorced daughter is eligible for family pension on father demise
My sister is divorcee. My father is retired government employee. Pension and will related.
My father is around 70 years and he is getting pension in telangana. My mother expired around 35 years back ,back then my father re married and had a child with my step mother and after 1 year of marriage my father has given divorcee to my stepmother from then myself ,my sister and my father are staying together till now. My father has two kids(myself and my sister(divorcee)) from first wife One kid(daughter) from his second wife.(this kid is staying from birth with second wife)Age of this step daughter is 28 years. My father does not have any property on his name and he did not do any will untill now, question: If my father makes a will and puts my divorcee sister as a nominee/beneficiary in the will to get his pension amount ,Can I (as a brother) be one of the witness in the will which my father makes. Thanks.
Asked 5 years ago in Property Law
Religion: Hindu
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14 Answers
Dear Sir,
Yes, you can be one of the witnesses, however as a rule of prudence, it is always better to have two independent witnesses instead of family members.
Divorcee dependent daughter is entitle to pension after his death. Will is not a valid document to give pensionery right to daughter. Father have to add her name in pension department as dependent.
1. YES .... as a brother you can be a Witness signatory in Father's WILL provided you are not a beneficiary. However to avoid future disputes, it is legally always better to have two neutral witnesses signatories on the will document.
1. Family pension depends on the eligibility and guideline of the service regulations which can not be created, modified or relinquished by any testament.
2. In other words if his service regulations entitle eligible daughter then ig include your step sister as well. This right your father can not take away by making any Will.
- Yes , legally your father can make his divorcee daughter as nominee /beneficiary in his pension account , and further can also write a WILL in her favour , and you can be a witness of the same.
- However , this WILL should be signed by two witnesses legally. otherwise it has not value in the eye of law.
- But in the said WILL , you cannot be a beneficiary.
There's no illegality in your father nominating your divorcee sister as his nominee to receive his family pension after his lifetime.
You can very well sign as an attesting witness to the nomination form.
It's better to keep independent witnesses. If you are not beneficiary then you can be
1. Yes your father can make a will and give intimation to pension department for making his daughter as beneficiary for family pension.
2. Yes you can be witness in the will of your father.
Yes definitely you can be a witness but you should not be a beneficiary or nominee for his pension amount.
Yes that can be done. There is no illegality in that. He may give his self acquired property to anybody.
you can be a witness.
yes daughter is eligible for pension of father under certain circumstances and conditions however married daughter is not eligible but unmarried, widowed and divorce daughter is eligible.
Dear Sir,
You can very well become the witness of the WILL and there will be no issue in that.
Yes you can be witness
