• Alimony

I have a built in house worth of 65 lakh.I am Retired employee and getting 25000/PM as pension I have a daughter and a son both are married I live with my wife in the same house with my married son. Advice me how I make my will so that all get justified share after my death.
Asked 11 years ago in Property Law

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4 Answers

WILL is the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time. -for executing the Will the person must be fully competent, has to be signed by the executor of the Will and has to be attested by at least two witnesses. -Will under law is not required to be compulsory registered.

On the death of you, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

i presume it is your self acquired property . as on date she has no rights on said property . in your will if you bequeath 1/rd share to your son your daughter in law can seek rights to stay in said matrimonial home .

in your will ideally you should bequeath your house absolutely . the will should contain a clause that if your wife predeceases you then house shall devolve on both your son and daughter equally

Ajay Sethi
Advocate, Mumbai
97262 Answers
7856 Consultations

Will all movables and immovable properties in the name of your wife and after her death ,the house to your son and other moveables of same or lesser value to your daughter

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

If it is your self purchased property then your daughter-in-law has no right therein. You may make a will and confer rights on her to stay in property with certain riders, or you may make her the legal owner of some portion of the property. To date she has no right to stay in your property.

Contact a lawyer and get the will drafted by him after submitting to him a list of all your properties and how your propose to divide them amongst your wife, son, daughter-in-law and daughter.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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