Advocate Mercy Hussain

Questions Answered by Advocate Mercy Hussain

Q: Daughters equally eligible for father property who died in 1999

My father died in 1999 and there is some property in his name. I forgot to transfer it to my name. Are my sisters equally eligible for this property now?. Because as per my knowledge, Law to divide ancestors property equally among son and daughter passed in 2005 and my father died in 1999. Is there any way to transfer it to my name only?

Advocate Mercy Hussain answered
Yes after 2005, your sisters have equal share in the Ancestral property if the properties were not partitioned vide a registered Family settlement or vide a Decree of Court before September,2005.They always or their children clam their share and seek partition.The only way out is that if you share a good relation and they are willing , they can execute Relinquishment Deeds in your favour , giving up their share in the property.

Q: What are the formalities involved in executing a will

What are the formalities to be completed and precautions to be taken while executing a Will?

Advocate Mercy Hussain answered
First the Testator( The one who is executing the will) write down the recitals of the Will. After completion of the said recitals, the Testator is required to write his name and details and append his signatures on the right and two witnesses are required who name and details shall be written and signatures appended on the left side of the said Document. Precautions to be taken1. Recitals should containa) Date and place of Executionb) That all previous wills if executed stands revokedc) This is the Testators last and final willd) The Testator is in sound disposing mind and enjoying good healthe) The Wiil is executed without any influence, force or Coercion and on his own free willf) The details of all properties movable and immovable shall be give.g) That properties are all his self acquired and the Testator is the owner of the same and has all the right to bequeath the sameh)His legal heirs name shall be mentionedi) If the Testator is disinheriting any of the legal heirs , reasons should be specified2. It is good of the Will is registered3. The attesting Witnesses should not be the beneficiary under the Will and should be of young age4. Executor of the Will shall be appointed

Q: Do I need to get a divorce if my marriage is not registered?

Is Divorce Needed if Marriage is Not Registered? Hi, I just got married a month back as per hindu acts (sat fere) but our marriage is not registered yet. Do I need to get a divorce if I have to break the marriage and marry someone else ? Can my husband create any trouble without registration ? If I dont register and just leave the marriage and marry someone else and register that marriage can there be any issues ?

Advocate Mercy Hussain answered
Yes, you first need to get a Decree of Divorce from the Court. Without getting a Decree of Divorce if you remarry, then your husband can initiated legal proceedings against you as this will amount to Bigamy.Your second marriage will be a nullity , i.e. not a valid marriage in the eyes of law.Registration or non registration makes no difference.