• Will

My parents have prepared their wills separately. Their Wills have been duly notarised, but not registered. 
1. The property mentioned by my father in his Will has since gone for re-development. It would mean that the flat number, & therefore the address mentioned in the Will, will change. Does he need to make a new Will?
2. Should they register their Will?
3. My parents have 2 children - my elder sister and me. My parents are not much happy with my sister. They had given her share during her marriage in cash and jewellery. My mother also gave half of her provident fund after retirement. My sister and her husband are well to do with ultiple investment properties. When I was seriously sick, in exchange for taking care of me, she pressurized them to make a Sale Deed to give their flat to her. This deal was properly registered. As fate would have it, I fully recovered. I not only paid her back for my treatment, but also kept giving her money everytime she asked. I am talking of lakhs of Rs. here. After learning what she had done, we did all we could, to get her transfer the house back to my father. After much reluctance and 5 years of waiting she reluctantly transferred the flat back to my father, via a Sale Deed (again registered). Given this background, my father wants to ensure that my mother and I are duly insured after him. His will is to transfer the property to mother after him and then to me after my mother. Is such a condition is legal? I mean, she may fight for a share with my mother, since it will become an inheritance for the latter? My parents peace is all I want here.
Asked 3 months ago in Property Law from Australia
Religion: Hindu
1. No need of further Will , a Codicil which is an addendum will do.
2. Registration of Will is not required. if there are 2 witnesses then it is enough.
3.Such condition is very much valid and legal. She can not claim any share in it anymore.
In alternative they can gift the flat to you so avoid future complications.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. He should make a new will as the beneficiary can claim inheritance to only that property the description of which has been given in the will, failing which the will is likely to run into rough waters.

2. The registration of will is optional but it should always be registered as a registered will carries a presumption of legal validity.

3. Your father can structure his will in a manner that would create a life estate in favour of your mother and thereafter the title can pass to you absolutely after her lifetime. Such a condition can be incorporated in the will. 

4. A will can be challenged only on the ground that it was made under coercion, fraud or undue influence. The person who sets up a challenge to a will in a civil court has to prove the element of coercion or fraud through cogent evidence.

5. Get a flawless will drafted by a lawyer.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) your father can execute a fresh will since flat number and address has changed

2)registration of will is not mandatory 

3)your father can in will mention reasons why he is not bequeathing any share in property to your sister

4)your father can bequeath life interest in property to your mother and can mention that on her demise property would devolve on you absolutely 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
in the alternative your father can during his lifetime execute gift deed in your favour and that of your mother 

2) gift deed should be duly stamped and regsitered
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
It is legal that after your father the property goes to your mother and after her to you. it should be better to mention in the Will that your mother can not sell or transfer or lease or rent out the property after your father without your written consent and It will also better to registered the Will before sub registrar/joint registrar.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hi
 1. Yes your father needs to make a  make a new WILL if he has not specified about the property after the  redevelopment . Once he makes a new WILL all  the previous ones if made shall be void.
2. Yes your father will have to register it  to avoid further legal trouble and to get it probated without hassles as there is a chance your sister can challenge it.
3. Your parents can make a WILL jointly as to each other and either of the survivor,  if your mother too  has properties in her name. If it is not the case,  your father can make a WILL  of life estate  to your mother  with the condition as you wanted  i.e assigning the property to you after your mother's lifetime.The conditions can be put and accordingly clauses can be added in the WILL.
After your father's death your mother will have the right to the property as a LIFE ESTATE  and after her  it is your absolute right as  bequeathed in the WILL.This means your mother cannot transfer it in anybody's name or make changes in the WILL while she is alive.
If your father registers  a WILL bequeathing  the property to your mother as a life estate and after her death to you, your sister will have no right. 
life estate means the WILL is made or bequeathed to  your mother   for the use and purpose till she  dies  and after the death of your mother it has to come to you according to the WILL.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) merely because gift deed is executed by sister in favour of father and vice versa it would not affect your father right to execute will 

2) it is not necessary to enclose agreement copy to will 

3) it is sufficient if clear description of flat is mentioned . You can mention old flat number and the new flat to be allotted on redevelopment 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi
Gift deed is a better way of transfer as it is an absolute owner ship instantly on signing the document. Once the gift deed is made in your mother's name she will be the absolute owner , so she has to either transfer it you before she dies or make a WILL in your name to avoid the right of your sister as her legal heir.
The agreement document can be attached to the existing WILL and a codicil  in writing about the redeveloped property discription and address also can be added to that.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
it can be mentioned in the Will that all the property/properties belongs to your father at present or in Future till he alive can be divided as per his Will. there will be no confusion in future regarding his any property.


Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
will should be registered, a person can make many wills in his life time. in such case only last will is to be executed. so you should cause to draft a new will and get its registration because now registration is compulsory under section 17 of the Indian registration act. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
gift becomes irrevocable when donee gets possession over the property or accepts the gift. if she did so then your father cannot make a will in respect of that property. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. The gift deed also results in conveyance of title just like a sale deed does. So if the gift deed places no fetters on the right of the donee to sell or bequeath the property he is free to do so.

2. Your father may execute a fresh will in which he may assign the property the description which has been given in the agreement, whereas a new will may be executed after the property gets its address. A will can be changed as many number of times by the testator as he desires. Every will is an automatic revocation of the previous will. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1.  He can make  a codicil or he can revoke or cancel the will and make a fresh will giving corrected details of the property.

2.  The Will need be registered however the registering the same  shall make it more authenticated. 

3.  If you apprehend this danger from your sister side, let your father make a registered conditional settlement  of this property to our mother with lifetime interest in it and to pass on to you after her lifetime.  This will ensure that the property is safely reaching the destination as per his desire. 

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1. As I told earlier, if this may affect the smooth transfer and you apprehend the danger of any litigation, your father may execute a registered settlement deed in yor mother's favor by giving her the lifetime benefit and you to be an ultimate beneficiary after her lifetime, this will not hamper the proposed peace process. 



2.  There will be no ambiguity in future in this regard, the present status and address can be mentioned, which can be modified or rectified at a later stage.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
The problem in the will drafted by your lawyer is that no reasons are mentioned for disinheriting daughter 

2) reasons must be mentioned
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
The draft seems to be perfectly alright in the legal sense, however you can get it scrutinised by an experienced lawyer before getting it registered, if you desire so. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0