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 7 years ago in Property Law
Religion: Hindu
Thanks a lot for the answers. Most of you have suggested about drafting a new 'Will' or ‘Codicil’ and getting the same registered to be on the safer side. I will ask them to do the same. The idea of gift deed is not something I like, because I want the property to be in my father’s name and then my mother’s as long as they are alive. This will give them a sense of financial security.
1. There’s a correction to my original query. The transfers between my father and sister happened back and forth via ‘Gift Deeds’ and NOT ‘Sale Deeds’ as mentioned earlier. I have read it and it’s a clean and full title transfer with no conditions like he can’t sell etc. However, will it still affect my father’s right to execute this property in his will?
2. The redevelopment agreement does not mention the new flat number. There’s a slight change in the name of the new building name. The Co-operative Housing Society in its subsequent meetings will finalise the flat numbers. Given that the address is not fully known at this date, can they attach the agreement copy to the new Will? And mention the original address as the old one and the new address as in whatever, the agreement would accord at a later date..? Something on these lines in order to remove any future ambiguity.
Asked 7 years ago
Please find below the draft Will. Can you please review and let me know your opinion - if there are any ambiguities, loopholes etc.?
WILL
I, MR. <TESTATOR’S NAME> aged ___ years, an adult Indian inhabitant residing at <ADDRESS>, do hereby make my last will as follows:-
I hereby revoke my all Will (s) and Codicil (s) and make this as my LAST WILL.
1. I am married to MS. <WIFE’s NAME>, and out of the said wedlock we have two children, i.e. son – <SON’S NAME>, and daughter – <DAUGHTER’S NAME>.
2. I state that today, I am mentally and physically in a good condition, but there is no certainty of life. My family members are having very good and loving relationship with each other and I wish that it shall continue to be so in future. So in order to avoid any possibility of any kind of unforeseen dispute among them after my demise, I decide and hereby make my Last Will.
3. I state that I am the owner of <FLAT’S ADDRESS>; hereinafter called the said flat.
4. I state that I am a bonafide member of <CO-OPERATIVE HOUSING SOCIETY LTD., ADDRESS>; hereinafter called the said society. The said society is a registered Co-Operative Housing Society under M.C.S. Act, 1960. I further state that I am holding shares and interest in the capital of the said society. I state that at the time of making this Will, the said society has undertaken redevelopment of its property including the said flat. The said society will allot me a new flat as per the scheme of redevelopment of the said society.
5. I state that I hereby bequeath and devise my said flat, now to be allotted by the said society, together with the said shares and interest in the capital of the said society, as Life Estate / Interest to my wife MS. <WIFE’S NAME>. After my demise she would be the absolute owner of the said flat and would have the rights for possession, use and right to receive rents, revenues, profits or any other income that may accrue or arise from the said flat during her lifetime.
6. I further state that upon demise of my wife MS. <WIFE’S NAME>, the ownership of the said flat, together with the said shares and interest in the capital of the said society, should then be automatically transferred to my son MR. <SON’S NAME>, currently residing at <SON’S ADDRESS>. He shall be the absolute owner of the said flat received/to be received under the scheme of redevelopment of the said society.
7. I further state that in the event, if my wife MS. <WIFE’S NAME> happens to demise before me, I hereby bequeath and devise my said flat, together with the said shares and interest in the capital of the said society, to my son MR. <SON’S NAME>. He shall be the absolute owner of the said flat received/to be received under the scheme of redevelopment of the said society.
8. I hereby bequeath and devise all my bank balances, deposits and investments to my son MR. <SON’S NAME>. After my demise, he is solely entitled to claim the same.
9. I further state that I hereby bequeath and devise all properties and assets which I acquire or own in the future after the date that this Will has been made, and therefore not mentioned in this Will, to the sole ownership and control of my son MR. <SON’S NAME>.
10. I, the Testator, make this WILL, on my free will and consent, without any coercion or undue influence, fraud, pressure and /or coercion of any person. I solemnly and sincerely declare and affirm that I have fully read and understood the contents of this Will.
IN WITNESS WHEREOF I, the said MR. <TESTATOR’S NAME>, have put my signature to this MY WILL on this day __________________
TESTATOR
WITNESSES:
We, the attesting witnesses, hereby state and declare that the above Testator has signed in our presence and we have also signed in our presence on this Will on this _____________________ at Mumbai.
WITNESSES:
1. Name:
Address:
Signature of Witness No.1
2. Name:
Address:
Signature of Witness No.2
Asked 7 years ago