I am 80+ age Hindu, retired from central services. I have 3 children from my first wife i.e., 2 daughters & youngest being a son. After the demise of my first wife, I had to remarry as children were too young. Both my marriages are legally valid. I did not have any children from my 2nd wife. My second wife has taken care of my children. All of us stayed together (my 3 children & 2nd wife) until they got married. My daughters are currently staying in their in laws place with their husband and children. My son stays with my daughter-in-law in another city due to job compulsions (transferable). However, all my children along with grand children come home often during vacations or otherwise and have get-together. They all take good care of me. & quickly come-by whenever required. I had no problem whatsoever until I started falling sick. My 2nd wife is now 70+ but lives a very active life & has great social life unlike me. She has been pestering me to write my Will which I wasn’t comfortable initially. My children never broached up the subject though. My children’s and their step mother’s relation is souring down further because of my her callous talks & insisting for my Will. As result, I am now unable to weigh my options. I have a single-floor 3 bedroom independent house (1000sft) that I built over 200 Sq.Yards of plot where I, my 2nd wife & children were residing before my children’s marriage. Currently only me & my 2nd wife reside here. As per law, who should get to have the right of my house, is it my wife or my only son who in turn can pay to his sisters their equal share as per the property value. Or is it to be divided amongst all the 04 equally which does not make any sense due to the size. Or can I make a Will such that the house remains with my 2nd wife until her lifetime and only after her demise it is divided into 03 equal share for my children. My 2nd wife is insisting for 04 parts after my demise so that she can stay here and have control on house until her lifetime. If given a choice to her, she would like to keep the house for herself and give to someone else outside the family after her demise rather then my children. I prefer that my 2nd wife stays home and then Son gets the house after her demise while, he pays out equal (1/3rd) share to his 2 sisters as per property value at the time of Will. What could be the best possible options. I realise now that my 2nd wife is being ill advised by someone from her family. At times she also insists to have house on any of the children’s name who would take care of her, which, as per me would throw things into confusion & unnecessary relationship issues. What are my best possible options to do justice to all.
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You can execute will bequeathing life interest in the house to your second wife
on her demise property would devolve on your 3 children equally
in alternative on her demise property would devolve on your son and he shall pay to his 2 sisters x amount
Your 2nd wife had been a good companion to you and played a pivotal role in your life especially after the demise of your first wife.
Hence you should not suspect her integrity anytime.
Further she is legally a part of your own family besides your children.
In fact all your children are living away from you due to their own personal commitments.
Hence it is your wife who had been taking care of you ever since she had been married to you till this date.
There's nothing wrong in she insisting you to prepare a Will over the property bequeathing lifetime interest and rights to her in the property, which is a security for her towards residence for the remaining part of her life.
This is the gratitude that you can show towards your wife.
You may prepare a Will bequeathing the property to her with lifetime interest and then to be acquired by your son as per your desire with instructions to compensate money in lieu of their share to your daughters by your son at a later stage.
You may discuss at length with an advocate in the local and decide further course of legal action on this subject.
You can bequeath the property to your wife for life time and after her demise to all your children equally.
Or bequeath your all children and your wife by equal proportion with condition that during lifetime of your wife the property can not be alienate by any way.
You can put further condition that during life time of your wife she shall have exclusive rights to possession and enjoyment of the property.
You can make your will as per your wish subject to some limitations which makes a will void.
If the joint enjoyment of the property by all your children can not be done conveniently due to physical limitations /condition, you can give a direction to sell the property and distribute the proceeds equally among all children, after demise of your wife, by empowering one of your children, in order to avoid any future dispute. Appoint one executor.
So discuss your intention with some lawyer and make your will up-to your satisfaction.
1. The said demand of your wife has arisen from her insecurity after your demise, which is not unnatural.
2. As per law, your property will be equally inherited by all your legal heirs being your wife and three children after your demise intestate.
3. The best course of action for you under the given circumstances will be to register a will bequeathing your said property in favour of your son clearly mentioning that he will acquire the title of the property only after the demise of your 2nd wife and after making payment of certain amount each to his two sisters.
4. It should be clearly mentioned in the will that your 2nd wife will not be authorised to alienate the said property in any way but will have the right to enjoy the entire property alone if she so wishes without being disturbed by your 3 children in any way.
- After the demise , the said property would be devolved upon all the legal heirs i.e. existing wife , and children equally.
- However, you can write and registered a WILL during your life time as per your wish after explaining the share in details .
- If your children has not raised this issue , then you can bequeath the said property to your wife for using during her life time without authority to sell , and after her you can give the share to your children equally or as per your wish.
Dear Sir,
It is suggested that since it is your self acquired property, you can do write the will as per your wish. However to be honest to all, it is suggested that you may write a will give giving equal share to all 04 (wife and 03 children) with a specific mention that whoever is residing/claiming the full ownership of the house will have to give the amount to other members as per the their share.
Hello,
