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Jagoinvestor - Personal Finance Blog. Manish Chauhan Comments. If you nominated some one in all the financial products you bought and thought that it will be passed to them legally without any issues, you are living in the world of fantasies kind of: A will can be made by anyone above 21 years of age in India. You can make the will on plain paper in India. It is advisable to write your will in your own hand writing, as the same can be verified later in case of any doubts raised by relatives.
It might happen that according to your family structure and your preferences, you want to divide your wealth unequally or make a provision for a close friend or a faithful servant. People are not comfortable discussing a will in India.
There is a misconception that if someone tells you to make a will, the person thinks that indirectly you are telling him that his end is near or that you are eying his property.
A will is so important, that it should be your first step in your financial life. If your family structure is diverse, and you want to leave your wealth to different members of family like you want to, you should prepare your WILL todaynot tomorrow, not later.
A common misconception, is to believe that all the estate is automatically passed on to the spouse, because children and sometimes even relatives can stake a claim to the property. Laws of inheritance and succession, are complicated and diverse in nature, and are different in case of Hindus and Muslims. In case of a dispute, your family members have to produce the proof about their relationship with and also have to go helter-skelter to lawyers and spent money and energy.
Much better then, to gift them some time of yours, and creating a will! This will save them a lot of headache. A will has several parts, which duly completed, make up a complete Will. Declaration in the beginning: In the first paragraph, you have to declare that you are making this will in your full senses and free from any kind of pressure. Details of Property and Documents: The next step is to provide list of items and their current values, like house, land, bank fixed depositspostal investments, mutual funds, share certificates owned by you.
You must also indicate, where all these documents are stored by you. In all probability, these are in your bank safe deposit box.
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Even the will should be stored in there! Make sure, you take the details from the bank manager, about the procedure and rules of releasing your will from the safe deposit after your death. Make sure you communicate it to the executor of the Will or your family members. At the end of the will, you should mention who should own your assets items and in what proportion, after you have gone.
If you are giving your assets to a minor, make sure you appoint a custodian of your assets till the individual you have selected, reaches an adult age. At the end, once you complete writing your will, you must sign the will very carefully in presence of at least two independent witnesses, who have to sign after your signature, certifying that you have signed the will in their presence.
The date and place, also must be indicated clearly at the bottom of the will. Make sure you and the witnesses sign all the pages of the will. One important point while choosing witness, is that they should be your friends, neighbors, or your colleagues and not the direct beneficiaries in the Will. They only certify, that you yourself have signed the will in their presence and are not a party in making the will in India.
The envelope has to be sealed after completing all the formalities and the seal must bear your signature and the date of sealing. The witnesses need not sign on the seal of the envelope. It is not legally required to get the will executed in a court of law in presence of a judicial Magistrate in India. However, if you wish, the will can be executed in the presence of Magistrate or the public notary, nominated by the government authorities and sealed in their presence.
However, make sure that when you make a new will, you mention that this will is the latest and supersedes all earlier wills. Anyone who might benefit from the ambiguity of the will can jump in to claim a share!
A probate is nothing but a copy of will, certified under the seal of court. The executor someone who is responsible to execute the will has to file a probate petition in the court of law and if all goes well, the probate takes six months to a year.
No right as executor or legatee can be established unless a court has granted the probate of the Will. Probate can be granted only to the executor appointed by the Will. The cost of getting a probate includes legal fees as well as stamp duty on the value of the property being willed.
The stamp duty varies from state to state. Probate is very important in case of Real Estate. As per Sundara reader of this blog…. Legal heirs to get possession of the property from the nominees have to go through a legal process called probate. In Maharashtra this means, the will have to be submitted to Registrar and one will have to obtain a probate. The Registrar may ask the claimants to put an advertisement in newspaper to ensure that they will not be contested.
They may even ask the witnesses who have signed the will to come to their office and sign documents. After all this, and some court affidavits, the claimants have to pay the necessary tax to the state govt. After Goverments takes its cut, then finally the probate order is given. Only then will the legal heirs get their property. Note that, probate requirements differ from state to state. Hence even when making a will a Lawyer should be consulted.
I know of fights between Nominees and Legal Heirs. Roadblocks put up by Goverment some times they ask for Registered Will etc. So just writing a will is not the end of the story. Better consult a lawyer before drawing a will. Further please note especially in case of land or house property, the society will not transfer the flat without a probate and tax paid certificate. Many times, a prospective buyer will not buy a flat or land, if the holding is not clear and if the property had not been cleanly transferred and if there are disputes between nominees and legal heirs.
Till then, the flat may be used by Nominees or any other person. But Society will not transfer the flat to prospective buyer till the process of probate is settled first. Hence such property cannot be sold easily. Please proceed with great care in this matter. So what appeals to you more? Writing a will your self or hiring a lawyer for this and pay to him?
I hope you are clear about the rules and procedure for writing a WILL in India? November 11, at 2: Hi, My father has inherited property. My brother is trying to delay the division of asset. I would like to know how he can write a WILL for his portion of share from inherited property so that he can give his portion to anyone he wish and will not be equally divided after his death to his all children. In addition to that, My father is based in USA and his inherited asset in in INDIA.
Can he write a WILL without going to India. November 11, at 3: November 2, at 6: Will is written and attested by Doctor and Lawyer in They are no more now. Will is not registered. Does the will is valid for name transfer? November 11, at 6: November 2, at 2: November 2, at 3: October 19, at 1: October 28, at 1: October 1, at Hi, i have property two houses in Bangalore and Mutual funds and bank deposits.
October 3, at 3: September 30, at Grand father made property from his own earning and WILLED it to his four sons equalily. Can my father,one of the recepient,WILL this property to my brother only ignoring two daughters. October 3, at 5: No, it is still an inherited policy. Therefore ,you, your brother,and your sister all have equal rights. September 30, at 7: July 30, at My will made from court be valid in the Armed Forces.
August 11, at 2: Sir, for that you need to check with the concerned authorityMention to them that you are not married or divorced! July 9, at 6: I shall appreciate your response please. July 18, at 3: Registering is not mandatory, but registering the will helps a lot as it becomes validated and kind of certified. May 26, at 2: To whom to contact to make a WILL and how much cost it needs approx to make a WILL and Registered it.
June 2, at 5: May 26, at Hi Manish, I have properties located at four different SRO Zones within Tamil Nadu. I live in one of the SRO zones. So where should I be registering my Will if I were address all these properties in a single Will?
I also want to address future constructions that might happen on one of the vacant house plot in the Will? Is it legally allowed to address such futuristic acquisition or construction in a current will? Appreciate your clarification in these two clarifications. May 13, at 3: Thank you for the very informative article, but i needed some clarity as i was reading online about this topic in many places and in another blog https: Is this correct and can you confirm the same for me?
March 28, at 8: But she passed away about 10 years back. Grandmother has 4 kids and she left a will registered that both the properties should be given to only 1 person A out of 4.
Now A wants to draft his own will. April 5, at 5: I dont think its possible yet. THe properties has to be on his name first. Anyways unless the person dies it will not come into effect. Check with a good lawyer on this. February 24, at My husband is Indian and became a US citizen. I am not Indian I am Anerican and we have a 6 year old daughter.
My husband inherited property a couple of years ago. Our question is, how do we protect ourselves in case of my husbands death down the line. Do we make a will in India and can I inherit the property or not? Thanks for your help. March 15, at 4: January 29, at My father-in law expired in december, His brother has cashed all assets F. The WILL is stated to be not Registered. January 21, at 7: I want to know some details about one family case…My Father passed away before 20 years and after that My grandpa gave us a shelter and since then my mother had taken care of my grandpa and grandma.
January 25, at I think you need to meet a good lawyer in this case. January 13, at HI, MANISH 1-MY FATHER AGE 75 HINDU GETS TWO MARRIGES FROM FIRST MARRIAGE SHE HAS ONE GIRL CHILD MARRIED AND FROM SECOND MARRIGE ONLY SINGLE SON. THEY ARE SEPERATED TO US. January 25, at 2: December 8, at My mom wants to make a will. We are two siblings me and my mom is staying with my brother.
My father is expires in The properties has been transferred on my moms name. She wants to make a will. Is it ok if she writes a will on a plain paper and seeks the signature of 2 witnesses seal it and keep it in the locker informing the bank incharge. Or she has to register it. Writing a will on plain paper is totally fine along with 2 witness, however I strongly suggest that she registers it, because if its not registers, then it can be challenged very easily and things wrong drag in court for a long time.
I suggest she meets a lawyer for this and done it properly! December 8, at 2: I cant comment on this as I have very basic and limited knowledge on this. So I suggest that she contacts a good lawyer for this anyways.
November 30, at 5: My grandmother had acquired a property X from her mother when my grandmother was 17 years old at the time of So now she is a absolute owner of the property X and she has given a registered power of attorney to a builder for selling and promoting the Property X into a apartment complex 3 years back.
In the power of attorney she has mentioned the builder cannot sell the land share and only after her signature a sale deed can be done for the Property X. Before 5 years she has given a Registered Will for his 4 sons stating that Property X rights only belongs to the 4 sons and nobody apart from them can claim rights to the property. Just 1 year back his 1 of the son last of the 4 surving sons died in an road accident. So after his son died my Grandmother gave a settlement deed for all his sons which 2 flats for each sons from the apartment complex built by the developers from Property X.
Unfortunately my grandmother died 2 weeks back. She was the absolute owner of the Property X and she signed all the UDS document for the builders for the Property X. She has to to sign the last 2 UDS documents for the builder before which she died. Who will sign the documents for the Property X for the 2 more UDS documents which needs to be signed for the builder. But since the 4th son is expired and who is survived by a wife and 2 sons. What will happen to the rights of the 4th sons.
If the rights goes to the 4th expired sons wife Can she act as a gaurdian and sign the Property X. December 1, at 7: November 27, at 3: Hi Manish, Thanks nice to know in the article everything about the will. I Have few queries 1 My Father has made the will but its not been registered 2 We are 2 Sisters and one brother.
And will is been made on the name of one sister. Younger daughter of the family. I have signed the NOC and even my Mom. We are only concerned my bro not signing the NOC as he is a legal hier. So in this case how we should go about 4 Will is been made in front of 2 witness and been signed. November 1, at 1: I am 65 yrs old man. Living with my wife, my only son, daughter in law and grand son. I have flat in Thane, Maharashtra.
I want my son to be the owner of this flat after my death. During ownership transfer, will he have to pay stamp duty? According to new rule in Maharashtra, there will be no stamp duty on property transfer if it is transferred to close relatives, is it valid after death as well? November 9, at 1: Nohe will not have to pay stamp duty if you prepare a gift deed properly. I suggest hire a lawyer for this matter. October 31, at 7: My grandfather died 2years back and at that time there was only my grandma with him.
We believe that she is hiding his will. Is there any way through which we can know if my grandpa has written a will or not. Also, if he has not written a will, does that make my grandma owner of all property and can she write her own will? October 19, at 7: My wife is having three sisters and one brother. But their brother made forgery signature of her. Please let me know how I cancell the Will. After registering the Will my mother in law expired within a month.
Please advise me the legal way of disproving the Will. October 26, at October 11, at 7: Thanks for this informative article. Can you please tell where can I find format of a joint will? Me and my wife want to make a joint will for our two children — a boy and a girl.
October 16, at 8: October 18, at September 27, at Manish Sir, Please guide me how to make a will for a property which my dad has inherited through his father. There is a Land Around 4 Acers and a House. September 27, at 9: September 9, at 9: Dear Manish, My mother passed away and in her HINDU WILL she has left her flat to me.
I am a NRI. September 12, at 7: September 27, at 8: August 31, at 4: My parent want me to make a house there. If i make this then they would share this after them or demand their part.
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When i said my mother that you will take balance money from me she denied and said i can transfer deed of that plot to you and you would be owner after her death. So I have make papers of transfer deed and got it registered with photo of me and my mother. Now Is this okay i want to know or my sibling still demand their part or not.
Is it legally right or what. I belong to punjab. Coz my parents always hide their property and wealth from us. I insisted them to make a proper will.
Kindly advice can i make a house on that plot now or not. September 2, at 1: August 30, at 4: August 30, at 3: My mom got home from her father after his death according to his will. Yes, the wealth inside the house will be shared with everyone. Only the HOUSE was given to your mother legally!
August 27, at 5: August 30, at August 13, at 5: My father made a will while he was visiting us in the United States. He passed away in March According to his will everything will be divided between my sisters and me.
The will was not registered. When I went to India a couple of banks asked me to get a registered will. How can I register it once he has passed away? The will was aposilled in the US. One bank asked me for a succession certificate whereas a copy of the will was provided to them along with a no objection certificate from my sisters. August 18, at 3: Yes, the second bank asking you for will along with succession certificate and NOC is telling you the correct thing.
August 6, at 8: August 5, at 2: Hello Manish, Very nice article. Now he needs to make a will. Can he make a will of this inherited house. Please explain this point clearly? What should he do to ensure that this legal inherited house goes to the right hands after he is not in this world. September 6, at 4: He cant make a WILL as per law for the property which has come inherited, so all his legal heirs will get it as per law.
June 23, at Hello Manish — Thank You for the information. I have a doubt, I have a property in my name inherited from my father he earned himself, not inherited. I inherited it through a release deed signed by my mother, grandmother and my sister legal heirs of my dad. Same way we my granny, sis and me released on more property to my mother.
Since you said inherited property cannot be included in the WILL. Who will be my legal heirs after my life time Im not married and not going to. Since my mom, sis and granny already gave a release to my property originally fathersthey can still be a legal heir for this one? Can I form a trust and assign someone to spend the income from this property for a good cause?
Should I do this before I die? Or can I do this on my WILL? June 27, at 5: This article will clear your doubt http: June 22, at I have a doubt. My father purchased a property 40 years back and registered on his father ie. My grand father wrote a will on my father and died in and my father changed the patta in his name and he is enjoying it now.
I have 3 sisters all of them married before My father created a will in that after my mother the properties has to come to me. Now my doubt is that ; 1. Because it was registered on grand father name, it will be considered as ancestral 2. At first look, NO 3. Yes, they will be legal heirs.
June 1, at 7: Tenancy is a right to use the premises which cannot be bequeathed. Consult a Law Firm for reconfirmation of the same as if you are living with your parents when they pass away the landlord may have to transfer the tenancy in your name.
May 21, at 5: My Dad expired around 20 years backhe didnt have any will. There are few residential land on his name and my mothers name one on his own and one on mothers name. I have a sister. My questions are is who are the legal heirs of the property currently as i live and if i die. Can i claim those lands on my name and if i prepare a will can i put the benefeciary as my wife.
I have also a flat on my name and a bank accounts etccan i put those in my will to my wife. Last question is if i die now without a will can my sister claim on any of my property or my dads property? May 28, at 1: May 29, at 9: May 29, at 1: Your mother, sister and you are the legal owners of all the properties which are in your father name.
June 2, at 6: So if i make a will now and the property 247 binary options indicator metatrader on my name swot analysis of indian stock market be for sure will be transferred to my wife, if i say the same in my will.
Since mother is getting old i want my wife to take the ownershipsince my mother will be living with my wife, in case something happens to me. And the property on my fathers name only mother can decide what to do with it in case if i have will and i die. But where do i keep the willcan i give it to my wife. And who can be an executorcan he be one of the witnesses? June 8, at 4: Mother is still living she can very well bequeath what she owns while she is alive.
Please correct me if I have misunderstood. May 13, at 9: May 29, at 4: May 29, at May 4, at 5: Quick question — In Mumbai, property society is requesting the beneficiary to probate the notarized will not registered in court to transfer the property to the beneficiary of the will.
Will the court wait for no objection from these Class II legal heirs note the beneficiary is also class 2 legal heir husbands brothers son.
May 5, at 7: May stock market predictions for february 2016, at Yes, thats the law, but we have seen courts giving the judgement against that. So the best case is that the nominee and person in WILL are same.
Else there will be issues. April 30, at Its really amazing to read all the articles of yours. I have few querys regarding: The youger son say he have a will and in that base he have done a mutation in his name and the elder one i not aware of it. He had submitted an NOC letter also with a fake signature of elder brother. The elder brother is not aware about the will as of now also, nor binary options brokers beatcasino ru was present while will was 24 hr binary option nt trades. As its told that you need two witness while the will is made if any of the witness died is the will valid?
April 3, at 3: My widow sister having no kids intended to make a will. I have got the will drafted from an Advocate. Please let me know the procedure for registering the same with Registrar in Mumbai. Is there any need to get a certificate usd yen forex chart a medical practitioner certifying the sound mind of the person making a will and format thereof. Can a person who is direct beneficiary in the will can be appointed as the Executor of the will.
Is it mandatory to get the will probated after the death of the person making will. April 24, at 7: March 28, at 5: My father can write in WILL that all my property after my death will goes to my 2 son equal divided? April 2, at 2: April 2, at 3: Your sister is a legal heir and will have a legal right. Only if a WILL is written, and she is not included, then she does not have the right. March 26, at 8: March 23, at 4: He went to a lawyer with 2 witnesses. He generally mentioned that all his properties will be shared among his 4 children excluding my last sister he has 5 children.
He mentioned that he has done enough for my last sister and she will not forex currency pair daily range any share. Now my last sister filed a case against my mother and demands her share. Forex hedge fund management company expenses mother is about 77 years old and during the cross examine recently the opponent lawyer asked if she is willing to share the property with the 5 children, and without realizing the question clearly she said yes.
April stock broker jobs indianapolis, at 4: The question asked by you is beyond our scope. Its suggested that you hire an expert on the issue and pay them for hedging foreign currency options advice.
March 18, at 2: I, along with my husband, jointly own a 3 BHK house. We have a two-year-old daughter. I want to write a will and declare our daughter to be the legal heir of the property.
Obviously, since she is a minor, I also will have to nominate someone as the custodian. Then, why not make a will? March 19, at 1: Surely you should write a WILL in this situation. You can write the WILL solely for futures brokerage group part of the house.
I suggest get in touch with a good lawyer on this and get it done! March 15, at Thank you for the very informative writeup and answers to the various queries. They were also very informative. My husband and myself made a joint registered will in He expired in We have drafted the will with the help of a lawyer in Kerala. He had retired and I had taken VRS. All the properties are in forex account mini joint names and there are no ancestral properties.
My husband has a daughter by his first marriage.
His first wife was divorced and their daughter continued to forex successful managed trading with my husband and after my marriage to him, with us along with my children. She was married off and after her marriage, her relationship with our family turned foul.
Because of this, he gave a bulk amount to her and no immovable properties. Now in the will, the lawyer has mentioned that during my lifetime, I can take trading stocks schools benefit of the properties and soriana stock market price same will pass on to my children after my death.
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The amount to be given to my stepdaughter has to be shared by my children and my children will get right to the properties only after she executes a registered receipt after getting the amount. As of now, even though she has got a copy of the will, she has not come forward to how many rupees did dhoom 3 earn the amount. There is no time frame for payment for the money and as such, even after my death, my children need to pay only the amount mentioned in the will.
Since I want to settle the matter during my lifetime itself, is there a way out for me from this situation?
Since I have been put into this predicament by my lawyer himself, I have started having reservations about him. March 19, at 2: March 2, at I also want to use this opportunity to introduce my self, My name is Dr Philips Morgan. I am the representative Doctor of the above specialist hospital. February 23, at 1: Thank you for sharing knowledge on this important topic.
Does Jagoinvestor has some recommendations for good lawyers for Will writing. Also interested to know about online will services? Thank You n Regards. We dont know any lawyers doing it, but we can recommend you a website where you can get will writing online.
Just put a mail to us and we will connect you to them! January 10, at 8: January 14, at 7: December 29, at I will be grateful, if you can please tell me the step by step procedure to register a will in Gurgaon.
We live in sector 56 gurgaon. January 2, at You have to visit sub-registrar office along with 2 witness. Make sure you also carry a camera to video record the procedure. December 27, at December 27, at 1: November 27, at November 26, at November 26, at 4: November 26, at 3: And 1 more thing my aunt took away my grand fathers gifted property which was given to my father when he my father was alive. They sold it and married their daughter with the money. As I have the full how to make money in scarface pc to see the will.
November 21, at 9: Wonderful article, I have read all the points and Mfx forex broker. My question is that one of my friend he wants give his demat account amount to third party after his death. But it is no use I hope. Will legal heirs put sue againist the beneficiary of the person third party.
What he stock market drop in 1989 to like will deed or gift deed. I think gift deed works only in the livelihood.
December 3, at 7: In case of demat accounts, the nominee is the FINAL OWNER. Better make him nominee and also write a WILL stating that!
November 18, at 2: Trading system for binary options yuri orlov reviews to you for going through your How To Make Will In India format. I want suggestion from you as bellow. Another one is a shop Rental Paagadi System Tenant of my mother given on my name by affidavit and a rent receipt is on my name.
Any person or my wife and daughter can challenge this will.? November 19, at Noif you want to make a WILL ,you can do that. No body can challenge it if its your own property. Just martha stewart stock broker for boutique firm sure that the WILL is registered and properly drafted.
Hire a good lawyer on this. November 25, at 5: Creating will is it free or with fee? December 3, at 9: November 15, at 5: Can I challenge them in this matter. November 16, at 9: She can create WILL as per her wish. WILL is exactly that, you divide property as per your own wish. X died when I how to value stock options in divorce 2 months old and than my grand father died. My paternal uncle drew my granny out of the house and now she lives with my aunt.
My granny said My grand daughter also should get a share in her property but my uncles says who is N thats me. So can my Granny make a will sahm make extra money make her daughter and her one son who drew her out of the house but than to she loves him alot can be her legal heirs if so can I Challenge the case but how?
And whom shall I sue uncle or my granny. And can I file suit N or my mom who is widow shall do so…. November 12, at 2: Dear manish Earlier I have already sent my problem to you in this blog on 6th November. Having no reply I repeat for your consideration, pl.
My father has made a WILL of land before public notary. Matter is physically he was not able to sign,hence he had put his thumb impression on every page of the WILL,and I have confirm his thumb impression,stating that the impression of so and so is put before me. My father is dead. November 17, at The WILL is genuinebut its not registered, which means that surely it can be challenged and now its up exchange rate czk eur prove that its genuine one!
November 7, at 1: My father age 80 yrs wants to do a willhe stays in south delhi and owns a house and some investments. Is Will can be registered at home only becoz he can not move out??? November 8, at 6: Dear Manish My father has made a WILL in his survival in my favour. It is made before a public notary. Physically my father was not able to make signature so he had put his thumb impression on all the pages of the WILL,and the thumb impression has been confirmed by me,stating that the thumb impression is put before me.
Its not mandatory by money making blogging sites, but registering it the best thing. Otherwise there are complications later. I have no suggestions as suchif you are fine with a online willthen we can help you contact me jagoinvestor. November 5, at My father have prepared a WILLof agriculture land which he had purchased from a tanent under tanency act alongwith some other land which are purchased by him.
Can I chalange this WILL to considered as void? November 5, at 1: September 18, at 1: Advice on how to trade binary options for dummies of house property owned by mother.
First son, both daughters were married and second son is unmarried. Our father passed away and the current house property was owned by mother with all legal documents. We have given enough dowry and gold for both the sisters marriages. Now our mother planned to give her house property to both the sons ONLY. Please clarify the below questions. Help is very much appreciated.
In this situation how to manage the signatures? September 20, at 2: August 5, at 4: September 20, at 6: July 26, at 7: I have some property of my own and few joint with my husband. I would like bfc forex branches create a personal will. Can I mention in the will the nominee for the properties that I own jointly with my husband for my share of the property.
September 20, at 7: July 1, at 1: If some thing happens to be at this stage, arbitrage in how to win binary options 97527 nominee spouse will get the insurance amount only. Can i mention the distribution of this money in the will?? Currently, the flat and plots on my name are with back loan.
How can i mention the same in the will.?? July 3, at Yes, you can mention that in WILL. Just make sure you are very clear about the distribution else there will be hassles later! June 25, at 3: Please advise if its possible to write a will at the age of 76 or Is it valid as per Indian law? Forex brokers free psd website template 20, at 1: My query is that after my mother died, the flat was transferred in the name of my brother, as she had filled the nomination form, in the society,in my brothers name do i have right to claim the share of the flat, or can the flat be sold without taking my consent.
The nomination is more of a formality to get custody of the flat! June 18, at 8: July 5, at 3: Your father has to make the WILLnot you. June 2, at 9: June 11, at Its trading exit signals mandatoy, but you do not mention it, its going to create the confusionif you are fine with that, then do not mention!
June 2, at 7: Thank you for the excellent article about the fundamentals of a will. It clarified a lot of things for me. I legally transferred ownership of a flat I owned and had bought outright with my money to my mother some 20 years ago. The flat is currently unoccupied pending demolition and a new development.
My mother lives with me in another house that I own.
Recently binary options trading martingale advised me that she wishes to will the flat back to me and nominate a fixed sum of money to be given to my two sisters. My query is whether my sisters can lay claim to 10 best forex binary option broker american trading in the property the above mentioned flat if a my mother dies without leaving a will and b my mother dies after leaving behind a will.
Also does her will when she writes one need to be put option with example+india and what are the advantages of registering. A will defines only things which she owns. Yes a registered will is a good option. June 11, at 1: May 28, at 2: Its a bit technical and complicated.
I think only a good lawyer will be able to comment on this! April 28, at 3: One query — Is it mandatory to have an executor of a will? If so what are the powers of the executor and in case it is not mandatory what is the broker commodity deep discount future online trading to be forex trading journal spreadsheet excel in both making the will and how will my successors claim the willed stock springs on aftermarket struts Thanks in advance for any guidance on this.
April 29, at 9: Noits not mandatory. It can be mentioned if you want a specific person to implement itotherwise not. If Executor is not there, then any person can go ahead and execute the WILL. May 6, at 6: April 22, at 3: My father who owned a flat with his own savings wished that after new york stock exchange trading floor flood death the flat should be transferred in my mothers name, work at home gaming support service representative which we me and my elder sister did it.
This was 10 years back. She also registered the WILL as she is staying with us for the past 10 yrs since my sister is illtreating her. After my mothers death, when the WILL is opened, can my sister challange the will? How authentic is the will? Do we need to take a NOC from my sister when the flat is transferred in my sons nam? Ask your mother to change that in Property document to have your son name as nominee.
Otherwise 4 hour free binary options is delay things later. April 19, at 2: My how to trade binary options on opteck platform jointly owned 2 acres land and made a joint WILL to give the ownership to me and my wife 1 acre each and even the boundaries are marked in the WILL.
Now my father is dead and my mother want to change the will or write a new one to give her share to my 2 sisters. April 21, at Yes, your mother can give her part anytime to anyone else she wants.
She is free to make the change in the WILL. April 18, at April 21, at 1: April 16, at 9: Are both the wills valid? Only the latest WILL is valid, all past are VOID provided they are DATED, so that one can prove which one is latest.
April 4, at 9: My father has joint property with two of his brothers. One of my uncle has divorced his wife with all the settlement. He is staying with me since long. He wants to go for a will for all his undivided property in my name.
He is 62 and healthy. Will it be possible to go for a will. He is not interested for any partition right now. April 10, at 2: March 24, at 7: My grandfather passed away without a will. He was survived by his wife grandmother and 2 children my father and my aunt. My aunt also passed away subsequently leaving behind two children married and her husband.
How would my aunts share of property be divided? Does my aunts husband have any legal claim over my aunts share or will her share be equally divided among her 2 children? March 26, at March 27, at Does he have any legal standing for such a claim? April 10, at 4: March 3, at 7: I own an independent bungalow not a part of a society.
It is registered in joint names with my wife, though funds for purchasing it were contributed solely by me only. My wife has always been a housewife with no source of income. I have other assets like Bank FD, PPF which are in my single name only. How can I make will in such a case? Is appointing an executor compulsory? Is it true that probate is not required if the will is registered?
I wish to donate all my cash assets to charitable institutions and not to my wife. I also have one son for whom I do not wish to leave anything at all. In case I die before my wife, she may continue to live in the house; but after her death the house should be donated to charitable institution.
How do I go about making such provisions? March 3, at 9: February 23, at February 5, at Thank u sir for this answers par muje ek cheez ka jawab de ki supposo karo ki ek pati patni hai unke 4 bache hain pati ki apni kuch personal property hai. Achanak pati ki death ho jati hai aur pati will likhe bina hi mar gya kya uski patni uske marne ke baad uski saari personal property ki leagle hire hai ya us property mein sabhi baacho ka b koi hiss.
February 10, at 3: February 14, at 5: First point is that a person can write his WILL anytime he wants. So his brother asking or trying to do something has no meaning. Your Uncle can now write the WILL and get it registered, there make money knitting spinning be no issue.
Just catch a very good lawyer! February 14, at 6: February 14, at 7: February 2, at February 3, at 5: I think you should reach out of a lawyer nowwhy did you sign something which you dont understand?
Yes, your mother is a legal heir as per law. She can only futures brokerage group a WILL for her own share, not others! January 14, at 2: My father how the stock market affected the great depression away a few years back. He was married to my mother first marriage how many rupees did dhoom 3 earn 14 years best books on forex market to traders which they both had two sons; me and my older brother.
During this marriage, my dad purchased land and received land through dowry. After their 14 year marriage, my dad remarried to a woman for a few years.
She ended up stealing money from my dad so he divorced her. He married his third wife and they were married for 12 years. He left a WILL that was signed by him and witnesses. However, it does not give ownership of the property and house to her. It states in the WILL that me and my brother are ultimately owners of the property and house. The WILL was not registered. Can me and my brother sell the house and property before our step mom passes away?
Or, must she be allowed to benefit from the land her whole life? Is there anything my brother and I can do? Would intestate succession plays into this? Elliott wave prophet mt4 indicator free download let me know your thoughts.
January 14, at If the WILL mentions that your step mother can live in the house all her life, then legally you are stopped from selling it, If you try to sell it and get her out of home, then she can surely move to court showing the WILL and you will not be able earning money by clicking websites contest it.
I think its better to do a settlement with her and pay her some money and then sell the house. Do not get cash flow statement examples indirect method legal tangle otherwise it will drag for years and life and you will not get anything out of it. January 9, at December 30, at 8: January 4, at WILL is supreme in case of bank accounts and Insurance policies, but having a different nominee other than person mentioned in WILL can create the confusion and will delay things.
December 16, at In case the person has donated a fixed deposit under the will to an old age home, how do you as a representative get that transferred in your name? December 18, at 4: The money will be handed over to the old age home when the original owner dies. The old age home has to make the claim to get the money. December 12, at 2: If he has not shared where it isthere how do you know where it is?
I mean he might have kept it with someonebut if he didnt tell you about itthen you cant do much! Check with Sub registrar office if there is any WILL registered with them? December 6, at 7: November 18, at 7: November 24, at 9: Yes, you can do that, but its good to do, only if both people are good to each other and no fight will happen. November 18, at 6: Hi Manish, Thanks for this informative post. I have a question as to your 3rd last bullet point.
Does the above point still applies? Because if it does, then it does not make sense as he is denied his right of willing his share of property to his chosen successor.
In this particular case, he can do that, because there is no legal heir like wife or children. So you are anyways one of the closest legal heir. November 6, at 7: Mr A has his own flatsome amount in FDsall the account is joint and flat is in joint with his wife, he has some insurance polices also, can he write a joint will to get all he owns to his child?
Does the Will needs to be registered? Or a simple WILL with all details can be written and witnessed on a plain paper. He is survived by his mother, 2 brothers who are already married and a sister who is also married. November 12, at 9: Yes a joint WILL is possiblewhile registraiton is not mandatorybut registering it is recommended because that proves that WILL is correct onlyif its on plain paper, it can be challenged by anyone saying its FAKE!
November 6, at 4: I WANT TO MANISH WHETHER HE CAN MAKE A WILL FOR ME ONLY. October 26, at 2: I belong to a catholic family. I have three brother and I am the eldest. My father has expired. Ours is ancestral house of four bedrooms, hall, kitchen, store room. Now when I asked my share in the property my mother has refused to give me my rights. November 4, at Is your mother the owner of the property?
If notthen who is? I suggest share with them about this and try to settle it out of court first! October 19, at Hello Manish, One father died intestate. His properties are pending for partition among his children. Can one right a will for her share? Will this property be considered as ancestral if one child is a daughter? Significance of Section 14 of Hindu succession Act ? October 19, at 8: Nothere is nothing like this. Ancestral property means its coming from generation without partition 3.
Not sure on that. What is section 14? October 22, at Thanks for the quick reply Manish. However, your reply answered my query. I have another question Manish, please answer. October 26, at 1: October 16, at 5: Can a leasehold property currently being jointly owned by 2 people be passed on the will. October 18, at 8: September 25, at Dear Manish Your articles are wonderful. One can never get such detailed information from any damn lawyer.
Junior has transferred the society share certificate in his name. How to check the authenticity of the will? Will I be in lengthy legal battle?
It is my general question regarding any resale flat. Lawyers say that before buying a property the buyer should publish a notice in newspaper and in no claim pops against the notice, then it is safe. Somebody may pop up and claim that he does not read that news paper or even he is illiterate. What is the legal implication in such case? All you have to do is check that on whose name is the FLAT?
If you are buying from the same person, then only buy it else there are chances that it will go into legal tussle. September 25, at 1: I hear he is going to get a will probated. How should I stop him and what are my rights as challenging the authencity of this will.
I have had the will checked out by forensic dept. In that case, all you can do is file a case against your brother and get things dragged in court. I am sure if things are forged, then you will win, but may be the battle will go for some years. Hire a good lawyer in India and pursue it! September 25, at 2: September 24, at 9: Adding the description of the executor of the will ie. Can the executor obtain signatures and details of more than 2 witnesses or is there any restriction that only 2 persons should witness:.
September 24, at 2: September 24, at 7: September 23, at You have given such detailed information, I can make one myself and put it in safe deposit and inform my heirs where it is.
What do you say? I dont think its a good idea.
'Dhoom 3' creates a record, earns Rs 500 croreThe article is just for knowledge, you should hire a lawyer because the will draft with more better language. September 10, at Awesome Manish, I am completely satisfied the way you have clarified my questions regarding ancestral property of a mother and its details.
September 18, at 8: September 1, at 3: I missed out on another question. Here is it… Is there anything like only daughters are eligible for mothers property ancestral. September 3, at 2: September 3, at Thank you once again Manish. I conclude that if a mother has an ancestral plot of Sq. Yds each ie, Mother Sq. Yds, 6 children each Sq. Yds and Husband gets Sq. Finally your confirmation would be of great help. September 7, at 5: NoWhen women gets it from her parents, its not considered ANCESTRALbecause women family is seperate from the original parents family beti is paraya dhan.
So its women property. But she can also WILL it to anyone she wants. Hello Manish, If a person does not want his share or give his share to his siblings of an ancestral property, can he give an NOC stating the same. If so will it stands legal? August 24, at 3: Can a mother having 5 daughters and a son gift ancestral property to her son.
Can a mother write a WILL on her share of ancestral property which is pending in court of law? August 29, at You can only write the WILL which you actually own. Not for something which is yet to come to you like in ancestral property. August 20, at Hence can we fight by mentioning that the will is bogus since it is not registered.
Also as we are still holding our possession in the same property physically, is there any right for my mother to ask us to vacate the property. August 21, at Your father if has earned all the property and money by himself, then he is free to give it to anyone. So if he has written a WILL in favour of your mother, then she is bound to get it all.
However if you can prove that the WILL is bogus, then you can get the property distributed as per law and then you will get a share in that. Just because you are not aware about it, does not make any proof that its fake. If its really fake, only then you should try that. If you know already that its a authentic WILLthen better think about it. A unregistered WILL is valid. Just that its a weak point in itself. August 22, at My 1 st elder brother married aged 51 yrs is also living away from past 14 yrs as of now but he is also showing greediness to get possession of some corner of the property as he also believes in physical possession to get hold on the property.
On other side such kind of wordings from my brother might be to maintain the advantage of physical possession by keeping my mother always afraid of such worst incident. My mother has decided to leave on her own with the help of paid maid servant to assist in future for her remainig days of life. She has mentioned this new arrangement to my brother repeatedly. She is already 74 yrs old. August 29, at 3: August 30, at 9: As you suggest i am ready to discuss with lawyer. So that i can take a good decision which should be helpful to my mother as she do not have any alternative shelter other than this.
As for as i being the son my first duty to choose top priority to Mother. Request you to give your feedback. I personally have limited knowledge on that, so dont want to comment on something I am not sure about. August 13, at 9: Sorry but this is sort of confusing. Are you saying that if the will has to be registered then it has to be on stamp paper? August 21, at 2: If its to be registered, then it has to be on stamp paper, but if you dont want to get it registerd, then it can be on simple paper.
Whats the confusion here? August 21, at 5: Please get it consulted from some of your lawyer friends. No stamp paper is required even if you wish to have the will registered. Sorry it was my bad.
I cross checked and I had read about something else mostly in case of power of attorney. You are correct in this. My apologies for putting the wrong comment. Please clarify on this. Therefore, I consulted some lawyers and they advised me to get my parents to write a will specifically for this flat as my only name as beneficiary and rest of their properties in the names of all three sons of them — My parents and brothers are aware of this or even for transferring the flat in my name now itself.
Remember that stamp duty has to be paid always if the name gets changed. But if the name is not to be changed then stamp duty will not be paid. So in your case, if you can get it transferred, then better do that! Manish, Again this is not true. Stamp duty is required to be paid only if the property title has to be changed — in the lifetime of a person, i.
No stamp duty is required for transferring the property to the names of legal heirs or nominees of the person, after the death of the person if or even if he has not left any will.
Let me check it out. As far as I had read at some places. When the name changes on property, the stamp duty has to be paidbut it doesnt need to be paid if the WILL is there. August 12, at 4: Thanks Mr Manish for your prompt response. May I please request you to further clarify on the requirement of the probate and the requirement to pay stamp duty.
If there is a registered will, then neither the probate nor the stamp duty is required, am I right? As per Sundar, a reader of this blog… Legal heirs to get possession of the property from the nominees have to go through a legal process called probate. If so, has it got to be part of the will document itself or would it be a separate attachment to the will?
August 21, at 3: A notarized WILL is not same as registered one. Registered WILL is in sub registrar office and has the stamp of court on it. One copy is with them. If its properly registered then probate is not required. NOte that stamp duty will still be paid if the name on the property is to be changed! August 12, at 9: Who could be the executor? Could there be more than one executor in case the first is unwilling or unavailable?
Is it manadatory to go through the process of Probate or only in the case of disputes? Also, has the stamp duty must be paid before the transfer of the property in the name of beneficiary? Would the probate formalities mentioned above be same in either case and would the stamp duty still be payable at the time of transfer of the property after their demise? August 12, at 2: If a will is not registered, then probate is required.
August 9, at 2: I like the article and I really feel the need to raise more awareness not just about digital assets but about planning well for any unfortunate incident in life. This also includes financial planning. I would like as many like minded people to join me for this cause. I am hosting an un-conference in Bangalore for people to come and share their thoughts and experiences.
Let me know if you would like to be part of it. August 12, at 6: I will set it up on event brite soon and share the details for people to attent.
I have a vision that we should be more comfortable and talking about the only certainity in life. We do not want to leave a mess behind for our family. July 31, at 8: July 29, at I want to make a Will. Is the will valid if it is signed by a notary public? How can I make an undisputed Will and what is the approximate charge of the lawyer?
July 29, at 5: July 16, at 7: Sir I want Ask To u One Question Please Understand This Matter. One property around square feet Registered to 3 person Ramlal Shyamlal and mohanlal… purchased in Raja Saahi Patta in Patta There is No information about personal Partition ….
After My Grandfather Death his Sons Divide Property On Equal Basis No Written Document only oral partition. In My Father Give This Home To me Write on rupees Stamp with Thumb impression and two witness Notary attested he write that in whole square feet plot My Part Square feet owner is my son…. The registration has to be done else legally you cant sell it to someone else legally, tell them that when you sell it others buy it only when its registered! July 8, at 8: I have two daughters only and want to make a will of all my investment including one flat to go to them with equal sharing.
Can one of the beneficiaries or both jointly be executor? July 15, at 1: July 5, at 5: Would like to know if there is any process to find a will for a paticular person. Currently my aunt is stayin on the property which was owned by my grandfather. June 25, at 7: For Example My Aunt Father sister is a widow having no children. July 1, at 4: All you need to make sure is the lawyer is hired for thisand the WILL is registered and also video graphed if possible!
June 21, at Just came across the article while reading through an article about retirement planning.!! I always thought we can do this when I become old. I have few questions: What if something happens to all beneficiaries and creators of the will?
Whom will the property go? Will it go to my family? Who can claim this property? Myself and my wife are earning and bought couple of flats so who has the right to acquire it in case none of our family survives?
How do I write a will in a ethical way? June 18, at 2: It is a good article about the will and It is very informative. I was reading this topic because I came across a situation where my father wrote will before he died on my name. I have got two sisters but he did not mention anything about them in the will. But the problem is he doesnt have any nominee on his bank account or equity shares. In that case how the will is going to work??
All the accounts were joint account before on my father and mothers name. My mother passed away 2 years back and father passed away last year. I want to close all the accounts and sell all the equity shares and clear everything. How would you think it is possible without having any nominee. June 21, at 3: If nominee is missing, then its going to be very tough process.
If the WILL is not registered, then again its going to be very toughbecause if other stake holders claim that WILL is fake and was made in pressure! Then what will you do? June 21, at 6: WILL is registered already and my sisters know that it was made from my dads own will and not under pressure.
But why NOC I dont understand because only person who can take objection is my dad since he wrote his own WILL. After having a registered will I have to get NOC from everybody?? It doesnt make any sense. But I dont have choice if system needs it. June 14, at 4: June 13, at 6: June 14, at I am not sure how my disposition would work for youits so much a personal thing.
I would divide things equallywill you? June 10, at 4: My father in law was the owner of the flat. He passed away in leaving back his wife and two sons and one daughter all married and well settled. After few days my mother in law made a deal and gave a suggestion of purchasing the flat by any one of the nominees.
The one who will purchase a flat will have to pay half the price of market value of the flat to my mother in law which she will give it to her son who is the nominee of the flat. Both the parties agreed and my husband paid 11 and half lakhs half the amount of the flat at market value to my mother in law. Now as per the law the flat belongs to us. The flat is still in my MILs name.
We have not transferred the flat in my husbands name. We thought that after her death the flat will automatically be transferred in my husbands name, but we got to know that even after her death the legal heirs can still claim the flat. In that case what should be done?
Do we need to take NOC from the other siblings. In case of NOC what is the procedure? I dont think its the right way, when you already paid the money ,the flat should be transferred to your husband nameIts the right way of doing it. June 9, at 6: Dear Manish, My husband purchased agricultural property in my name in delhi. I want to make a registered will to give this to my daughter and not to my son.
I wish to know: Is my daughter obliged to get a probate from the court to get the will executed. Is there a time frame within which all the legal heirs have to be intimated or give their consent.
June 1, at 4: June 4, at 4: May 30, at 3: My father has made the will on my mothers name. In witnesss category its signed by me and my brother as that time we didnt took it so seriously. Now sisters are asking for their rights. May 31, at 4: You have Nothing to do herethe WILL is on mother name, so she will decide what is to be done! Everything is of MOTHER as per WILL. May 23, at 7: My father left behind some property agricuture land and house without a will.
My sisters have no objection to get the property transfeered to my name being a only son. Could you please advise the legal procedure to get this done.
May 25, at 4: May 19, at 7: Sir, A close friend of mine is the only son of his parents. His father has purchased a house after retirement and the family resides there, and has registered the house in his name only. Unfortunately, his father is dead against writing any will despite all persuations. Incidentally, the father has only a sister who is dead and is survived by her children. Please advise as to the consequences of his father dying without any will, survived by his wife and son my friend.
If his father, the present owner of the house has any ulterior motive of giving the property to any other person through a will, secretly made, will the same have the consequence of his wife and child getting dispossed of the property after his death? May 25, at 6: Finally it all boils down to one questionis there a WILL or notIf WILL is there, then whatever is written in that will happen, else his legal heirs will get it.
May 11, at 4: May 11, at 6: There is a family of 4 — Man M, Wife W, Daughter D and Son S. Using the savings, they build a house and the house is under the name of M. M dies some years after retirement.
M and W have written registered wills. Property owner is changed to W. With the registered will of W, the property ownership can simply be transferred to the name of S. May 18, at 2: Thanks, one clarification I need based on what you mention in the article regarding inherited property. When M passed away and transferred the property via registered will to his wife W, is this property now considered inherited?