Wills – Agreements

Posted By VakilNo1 On Wednesday, March 20th, 2013 With 2 Comments

Wills – Agreements

Name of Form
 Arrow(1).gif (520 bytes) Simple will
Arrow(1).gif (520 bytes) Simple will giving all property to wife
Arrow(1).gif (520 bytes) Short form of a will
Arrow(1).gif (520 bytes) Will by a disabled person in favour of wife and daughter
Arrow(1).gif (520 bytes) Will with trust for wife and children, pecuniary legacies and annuities.
Arrow(1).gif (520 bytes) Will by a Hindu in favour of family.
Arrow(1).gif (520 bytes) Will in Favour of relations
Arrow(1).gif (520 bytes) Form of a complicated will
Arrow(1).gif (520 bytes) Will with several legacies and religious and charitable bequests and residue to vest in trustees for benefit of wife and children.
Arrow(1).gif (520 bytes) Will in favour of minor son
Arrow(1).gif (520 bytes) Codicil substituting a trustee appointed under will
Arrow(1).gif (520 bytes) Codicil substituting a trustee
Arrow(1).gif (520 bytes) Revocation of will

Displaying 51 Comments
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  1. Father left the WILL in favour of his son pledging his property – Father died – Son also died, divorced, issueless – mother is alive, but one of the sisters is claiming her share in the said property, as the same was not transferred in the name of the son – who is entitled for the said property?

  2. B. N. Bhat says:

    The mother inherits the property as she is the lawful wife and is directly an inheritor. After her death, if she has not made a will the property is to be evaluated and equally distributed amongst the children. The sister who wants to throw her mother out by claiming her share of the property can be easily willed out if she misbehaves.

  3. Jastej S (Team Vakilno1) says:

    If the property is self acquired then any sibling can be ousted by making a Will

  4. G P Manohar says:

    Dear Sir,
    Kindly furnish draft of Will by Hindu women who has immoveable and moveable property such as jewels and bank balance etc.

  5. Jastej S (Team Vakilno1) says:

    The Will can be made in a customized manner when you give specific details as asked by our experts.

  6. Flat in the name of father and other one in the name of mother have been registered in the respective municipal office record in my name after their death,with due conscent and no objection from my brothers and sister.Can I include this immovable property in my Will agreement ? kindly advise me on the subject matter…thanks.

  7. Jastej S (Team Vakilno1) says:

    The property received by you vide a Will in your favor becomes your self acquired property. So, when your parents have bequeathed their self acquired property in your favor then it becomes your self acquired property and you can include the same in your Will. No objection from other kith and kins is only an added advantage.

  8. Thanks for the advice,but my parents dyed without making any will and after their death,with no objection from other legal heirs(bros&sis)the same was registered in my name in resp.muncipaloffices.In the above situation can I include the subject property in my will?Pl.advice and thanks once again.

  9. Jastej S (Team Vakilno1) says:

    Although it is not understood as to how the property was transferred in your name i.e. on what basis the same was transferred, but so far as the facts narrated by you goes, it is still your self acquired property and you can include the same in your Will.

  10. Dear Sir,
    My Father in law,got inherited his flat from his father.He nominated my father in law & further wrote to society in his life time that is in year 1986 with a request to transfer all the rights of thus flat in the name of my father in law & then , Society transferred this flat after the duedeligence & getting approval from the Registrar of Societies in the name of my father in law.My father in law is having two elder daughters & a younger son.All of them married.The younger son of my father in law had a love marriage in the year 1994,not staying with my father in law since then till 2011 December.He shifted his family to my father in laws flat in Jan 2012.The younger son of my father in law is harassing hin by not giving any food,mental harassment & money for his subsistence. My father in law being a senior citizen of 79 years & suffering from various ailment ;like kidney failure,skin cancer,high blood pressure etc.wanted to sell out his flat & use the proceeds to take care of him till his death & distribute the balance amount after his death amongst his siblings as per his wish.Hearing this , the younger son of my father in law got agitated & threatened him that he will not allow him to sell the flat & the whole flat belongs to him & subsequently filed case in court under DV act against my father in law & his daughters through the daughter in law ,after 18 years of their marriage& filed a suit in City Civil Court through his wife claiming that this flat is Ancestral & she has the right in this flat as as a shared accommodation & my father in law cannot sell this flat.Under the circumstances I would like to know the following:
    1) whether his son or daughter in law can claim share in the flat.
    2) whether the daughter in law who never stayed with him since marriage can file suit under DV act.
    3) whether my father in law can make a registered will giving the right of the flat after his death to his two daughters & refuse any share to his son or to that matter to his daughter in law.–Thanking You
    Yours Faithfully
    Shrikant Nayak

  11. Jastej S (Team Vakilno1) says:

    If your father-in-law got this flat from his father vide a Will etc. then it becomes the self acquired property of your father-in-law. In that case, his younger son or younger son’s wife cannot claim anything from that property and your father-in-law can bequeath this property to any person he likes. So far as DV Act is concerned, you can take all the pleas before the trial court and seek dismissal of the case.

  12. Renu says:

    my father-in-law died in the year 1999 without leaving any will. His wife, six married daughters and two married sons are alive.

    when the sons tried to build a house, all the married sisters after 14 years claiming their shares. will they have a right in property after 14 years. if it is then how much. please suggest.

  13. sofi sofia says:

    The married daughters have three year limitation to make a claim on their fathers property. once this period is elapsed they have no claim.

  14. murthy says:

    Hi, my name is xxxxx.i live in hyderabad.my grandfather made a normal willdeed which is not registered.he distributed the property equally to me and my sister.my father passed away when we were young.my father has 2 sisters.they are married and well settlled.now my question is can these 2 sisters of my father come in for a share in my and my sisters property after death of my grandfather.NOTE: the property which is divided for me and my sister was purchased after the marriage of my father 2 sisters.

  15. narender says:

    in the above problem the grand father was made a normal will deed allotting 2 eual shares to his grand son and grand daughter, the proprty which was alienated by his grand father was self acquired as he was purchased after the marriege of his 2 daughters.the 2 sissters of your father are not entitle for any share in the properties which are already alienated through simple will deed to you and your sister

  16. jankmathur says:

    sir, my uncle died in the year2012 without leaving any will. His wife, died befor in 2003.thay have no child and i look after tham whole life.hisproperty in my hand becouse we live togather.her propertys possestion in my hand becouse him all types of work i do. my uncles brother have claim to there property.
    what can i do please suggest.

  17. Venkataramanappa IP says:

    My Father was the owner of a self acquired house site & built a house.We are 4 brothers & 2 sisters who are all married.Except me all brothers after their marriage living separately & sisters with their husbands.My Father had made an unregistered Will in the name of my Mother.After the death of my Father,the revenue Khatha of the property has been transfered to my Mothers name.My Mother has excecuted the property in the year 2002 through a Gift Deed to my name before her death.I am in position of the property with the revenue Khatha in my name.The question now is,can any of my brothers or sisters make any claim over the property.

  18. i puro devi w/o late. dr. bishamber dass sharma has made a will in 2010 dividing three equal portion. 1 for myself
    & 2 for my two sons.now my younger son’s son didnot vacate my portion & capture whole the portion, demanding that i have to give my portion in his name.let me know how i will take my portion. the house is built in 60*100 sq.ft.
    three equal portion 20*100 to each party.

  19. tina says:

    my grandmother died in the year 1990.after her death her younger sister(unmarried) who is an NRI filled a case against us to vacate the house.this nri party with a help of some local politicians doing this.we been searching for evidence and documents in favour of my grandmother.my grandma lived in this place since 1952.while searching we found a unregistered will dated 1973(given to my grandmother by her mother as a marriage gift).but zerox copy of an unregistered will is only available.is it valid for a court case?kindly give some advice.

  20. Y L K RAO says:

    plz sir.1st will registered 2nd will unregistered

  21. XYZ says:

    Recently my father expired n before that he made my mother the sole owner of the entire movable and non moveable property with registered will.Will i need to probate the will to transfer all the property to my mothers name or without probating it will be transferred.

  22. Gurpinder says:

    Hi Jastej,

    I am living in Canada and my parents are in India and are facing a domestic issue. My sister in law does not treat my parents well. My brother is also very upset over this situation. Recently, she had a fight with everyone and spoke some cheap language and left our house to live with her parents.

    Now, my parents are feeling very disrespected and foolish and they offered all the love to my sister in law but in return they got only disrespect.

    We anticipate that she might go into court and ask for a divorce and will do all this because she want to get share in property.
    My parents do not want to give any share of their property to my sister in law.
    But they do want to do something for the two grand kids born from my brother and sister in law.

    Should they evoke my brother, sister in law and grand kids from the property? and then later may be submit a Fixed deposit for grand kids for their studies?

    Or they should make a will and should transfer everything on my name for now. and Later when my brother and sister in law get divorce, I can give his part of the property back to brother. This way she wont be able to get anything from my brother. Since my brother has no job or any property of his own.

    Please suggest a good way out so that we do not have to pay her any share out of our property and still we can help the kids for their future education.

    Thanks,

  23. My masi died suspciously at my mama’s residence on 7/4/2012. My mama and masi had court case. He has taken over her all jewellery, bank balance, LIC and other expensive furniture.Now, my mama registered her property after her death and wants to sell it illegally and forcefully. I am her natural heir as I was the only person who was close to her.Her last desire was to give me everything.but due to sudden and suspcious death she couldn’t. How can I claim my rights?

  24. prabhi says:

    What to be considered under Family protection Act at the time of making a will.

    Is original will is required for execution of a Will or copy will solve the purpose.

    Kindly inform

  25. Anonymous says:

    Both my Maternal Grandfather and Grandmother died in 2013 and 2009 respectively , without making a will or deed. And My Mother Already died in 2005. Now My two maternal unclew wants to share all the properties.. How can i get the property legally or what step should i take. And what my uncles can do to oust me from the property. I belong to A muslim family in kolkata.

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  27. Anonymous says:

    My Grandfather had written will 30 years back and the will is registered also, but now our lawyer says we require witness to prove that the will. Can somebody please suggest that is it necessary to prove the will, because as I mentioned earlier it was made 30yrs before and now the people who were as witness are passed away. I had read somewhere that if the will was made 30years there is no need to prove by the witness, is this true? please reply

  28. Anonymous says:

    I am in process of writing my will. I want my movable and immovable properties to be held and enjoyed by my wife during her life time and after her death to belong to my children in equal shares.please suggest suitable legal language for this.

  29. Rustum says:

    Hello Sir,

    My Father made a will and he had his fingerprints on the will document. Father died. Will was drafted by my brother and my dad had put his fingerprint impression on the document when I was not in town. The document was done under the notary supervision. Now the brother has lost all his share of the property and he has put a case saying that the will document is not correct and finger print impression is forged. Looking at his confidence, I also have a doubt that he might have purposefully got some else finger print. What has to be done?

  30. RAM P. DAS says:

    Sir, In our family we are three brothers and one sister, My mother is very cunning women, and always follows divide and rule, and has a thumb rule in the family even my father does not retaliate her, and does what-ever she wishes. My father is now No more with us, I had left my house because of constant dispute with my Mother and with my wife. My mother use to constantly insist me to marry another girl because of dowry before my marriage and after engagement which I didn’t this enrage her and hence I was targeted by her and I have to take stay order as she wants to oust me and my wife out of the house, I had won the case in the high court, but due to my mother’s health detoriation and further since I purchase my own flat with loan facility, I handed over the posession to my mother her house which I was having a stay order, I had even returned back the Airoli (New bombay) flat which was under construction and was in my name when my father was alive. As i didnot want to trouble them. But recently I had come to know after the death of my father My mother had already made signed a will before my father’s death that all the Property of my father will be distributed to my two brothers only and she do not want to give anything to me as well as to my sister who is the eldest of all we brothers just because she had a love marriage. She also made my younger brother to leave her wife and had divorsed. Please advise what should I and my sister should do to get a family share equally and lawfully. mobile no.9324719306

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  37. Srikanth says:

    Dear Jastej,

    Sir,
    Can you provide case law for ” The property received by you vide a Will in your favor becomes your self acquired property”
    Which you have mentioned on June 4 2013,

    “Jastej S (Team Vakilno1) says:
    June 4, 2013 at 9:20 am

    The property received by you vide a Will in your favor becomes your self acquired property”
    Best Regards,
    SM

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  42. ojaswi babbar says:

    sir ,my uncle(father Brother) IS HAVING will of my grandmother he not disclose what is in will and he and other brother had controlled the of thr property on that basis 3rd brother sold of his 1flat and gone some ware else ,v didnt get any share of the grandfather property ,v just want to read the will that what is written in it wheather my grandmother gives us the share or not and if not how can v demand of the share in the property

    PLZ suggest me
    Its very important
    Thanks in advance

  43. Fahim says:

    Respected Sir,

    As per sunni Muslim law of succession. I need a citation document.

    Ref to sunni Muslim Law

    My sister died n 30th March 2012 without leaving behind her any will or Testamentary disposition and leaving behind

    1. ME ( sole surviving brother, herein referred to as the plaintiff )

    2. DAUHGTER ( her only daughter )

    as her only heirs and legal representatives according to Sunni Mohammedan law by which she was governed at the time of her death.

    The movable and immovable assets of the deceased My sister have got divided equally in the ratio 50: 50 between ME and his niece .

    I am the real brother is the real and only surviving brother of my sister.

    I request for a CITATION for similar case as above.

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  45. Sir,

    I wish to draw a will in favour of my children – 1 son and 3 daughters.

    I request you to send me a draft in Hindi version.

    Thanks.

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  46. vimal shah says:

    i want to know about it is necessary to cancel the registered will ? because my grandfather want to make new will ? plz suggest me.

  47. sharmishtha says:

    me n mother are living lonly. my father was no more.and my brothers are pretend all property. evev those house when me n my mother r living. so what kind of low against them. and how can get our rights. pls suggest me

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