I am a male in my 30s, married with a kid. I own a house and an apartment. Both my mother and father are still alive. I want to know if in case I die, 1.Will my property go to my wife and kid? 2. Will my mother and father get a share? 3. I also have a sister, will she get a share of the property?
1. The property of a Hindu male who dies intestate devolves on his Class 1 heirs (mother, wife and children) equally.
2. If you make a will during your lifetime then property will devolve according to the will.
3. Your sister will not succeed if you are survived by your wife or children.
On your demise intestate your mother , your wife and kid would inherit your property
2) your father and sister have no share in your self acquired property
You can execute will bequeathing your property to whom so ever you so desire
If you are a hindu your parents will get one share equal like your wife. If you execute a will then it will be as per will. Otherwise it will be shared as stated above
1. In case of intestate ( without executing a WILL ) death, the property would devolve equally to your mother, your wife and kid, since it's your self acquired property.
2. In case of your intestate death, your mother will get equal share, alongwith your wife and kid and your father will not be entitled to any share.
3. Your sister will not be entitled to any share in case of your intestate death. However, if she is included as a beneficiary in the WILL executed by you, then only your sister will be entitled to a share.
If you have not made any Will in favor of your wife and child, then the property shall devolve equally on your wife, child and your mother.
2. See the above answer.
3. No.
1. On your death intestate your mother, wife and your child will inherit you in equal share being your class- I legal heir.
2. Your father being class-II legal heir will not inherit you during lifetime of your class-I legal heir.
3. Your sister is class-II legal heir and hence would not succeed you anything.
As per Hindu Succession act, Class 1 heirs list
Class Ist Heirs
Son
Daughter
Widow
Mother
Not father and sister will get from your self earned property.
1. IF a Hindu dies intestate (without making a WILL) THEN "ALL" residual properties standing in his name shall be distributed EQUALLY to Father, Mother, Wife, Major Children, since these people will be classified as Class-I legal heirs. Sister gets nothing.
2. However, IF a WILL is duly executed, THEN property will be distributed according to the wishes as may be recorded in the WILL, without any legal references to legal heirs.
The property will go to your wife and kids. In their absence it will go to your father, mother and siblings.
Dear sir,
In the even of you dying intestate (without a will), your property would be shared in three parts between your mother, wife and kid (1/3rd each). If you happen to have another child, the share would further be divided into 1/4 each.
Therefore:
1. Yes, your wife and kid will get 1/3rd share each.
2. Your mother will get 1/3rd share. Your, father will not get a share.
3. No. Your sister will not get a share.
However, please be informed that, if you make a valid will, the property will devolve according to the will, and you can choose to give it to anyone you wish to.
Hope this answer helps.
Best wishes.
1) In case the said properties are your self acquired properties, then if you die intestate, your mother, wife and child will get share in the properties left by you. If you bequeath the properties by way of WILL / Gift or some other mode, the beneficiary only will be entitled to the same.
2) Refer to (1) above.
3) No, she is not entitled to any share in your self acquired properties.
1. Your property will go to your wife and kid if you don't make any WILL.
2. If you declare so.
3. No
1. Your wife, kid and mother are legal heirs if you die intestate without a will.
2. Your mother shall have an equal share in your property.
3. Sister has no share in your property.
4. See you may prepare and register a Will distributing your property, assets and deposits in your account.
All of them will get the share of the property after your demise .
Regards
1.It will go to your wife and kid.
2. No. In the absence of your wife and kid, they would get the share
3. No. In the absence there is no other legal heir survive, she may get your share in category II of legal heirs
In case of your intestate demise, your property will inheirt to your wife, child and mother equally.
And share inheirted by mother will inheirt in your father, sister and your wife child.
So better execute Will for disposition of property as per your choice.
1. As per law, your wife and kid having no right over your self acquired property during your life time , but after demise it will go to your wife and the kid .
2. No
3. No.
- However , as the said property is purchased by you , then you can legally transfer to any one even during your life time , and further can write a WILL in favour of any person .
1. Your property will be inherited by your mother, wife and kid after your demise intestate.
2. Your father will not get any share of your property under the given circumstances.
3. No, your sister will not get any share of your properties under the given circumstances.
Dear sir,
Nothing will go the sister but the parents will get the share along with your wife and kid
I currently reside in USA on temporary visa. What is the process for making WILL from USA?
You can Prepare a WILL at in the Indian Embassy Consulate of the US, Office. accordingly to your city and mention proper property list in it.
1. On a plain paper, you can execute the WILL in respect of your self acquired movable and immovable properties to the beneficiaries of your choice.
2. Registration of WILL is not compulsory and is optional.
3. Two witnesses signature is a must and they should not be beneficiaries.
4. You can execute the WILL in USA for the properties situated anywhere, including India.
5. I can be of help to you in drafting the WILL and can send the draft to you through email. In case you are interested, you can schedule a Phone Consultation through Kanoon. Com.
1. You can write a will at USA and it is not mandatory to register it.
2. The two witnesses should be available in India for deposing when probate of the will shall be sought for by the beneficiaries.
3. It will be ideal to have one Doctor as the witness so that he can depose at the time of seeking probate that you had signed the will in stable mental state.
1. Write or Type your WILL document (yourself or thru a local lawyer).
2. Arrange minimum Two witnesses who MUST sign together when you sign on every page of the will.
3. Have the will attested by local Consulate /Embassy officials (sign & stamped).
4. Above will shall be legally enforceable anywhere in the world.
The process is simple. Just engage a lawyer from this portal to draft the will and also execute a Special Power of Attorney in favour of a blood relative in India to authorise him to register the will for and on your behalf.
you can engage any lawyer from this website for drafting will
it has to be attested by 2 witnesses
3) you can convey your instructions to lawyer for drafting will by email
A will should be made and notarised and registered in a court of law in the USA. That document will serve as a valid will in India.
1. after your demise, your properties will go to your mother, widow and children
2. if you make a Will, then they will go to your legatees
3. there is no special procedure to make a Will in USA
4. You can make a Will on a plain piece of paper and sign it before 2 witnesses, who also will attest the Will by putting their respective signatures
5. no other legal formalities are needed
You need to first get it drafted from lawyer then you need you register it. Registration is not mandatory but it's ideal
Will can execute even on plain paper from any where in the world. It will attest by two witness and any advocate can draft the WILL for you. Only need to provide details.
You can write a Will from India itself because the attesting witness can be from India, which will enable the probate process peacefully when the necessity arises.
The attesting witnesses from a foreign country cannot be summoned easily when the necessary arises.
See you can make a notarised will in US. When you visit India you may register a will before Sub-registrar office.
Dear Sir,
The only special condition is that the said will should be attested by Indian consulate
if you died intestate without leaving will then the property shall devolve on Class I heirs in equal parts. i.e wife, Childrens and mother.
will made outside India is also valid. A will must be in writing, signed by the testator (or by someone at the discretion of and in the presence of the testator). The will must be attested by two or more witnesses. A will need not be in legal language, and it is not necessary to use technical terms.
Send a digitally signed WILL from there and get it registered in India by giving someone POA to get it registered
Bequeath your properties to person / persons giving the ratio and also by giving clear description of the property(s) with all possible details describing the property(s).
Sign the same in presence of two witnesses and the same has to be witnessed by two witnesses.
Ideally it has be done in India when you return to India.
1. Your property will get distributed among your class 1 legal heirs which include your mother wife and children this will be the case if you die without writting any will.
2. Your father will not get any share.
3. No sister will not get any share from your property.
You need to get it registered.
- Legally , you can made a WILL in USA as well, after write on a simple piece of paper , and then notarized with two witnesses while you are abroad.
- Further, when you will come to India , then registered the said WILL from the office of the registrar where your property is situated .