Regarding Execution of Will in case of transfer of property

843 votes

HI,

YOUR SISTER CAN CLAIM HER SHARE AS THERE IS NO WILL OF YOUR FATHER .
YOU CAN GET A WILL EXECUTED IN YOUR FAVOUR FROM YOUR MOTHER AND GET IT REGISTERED IN THE CONCERNED REGISTRAR OFFICE .


THANKS

Advocate Ramit Sehrawat LawRato

512 votes

Dear Sir

Since your mother is the owner of all other properties, she is entitled to bequeath / dispose of all of her property as per the discretion and WILL, without taking any permission or consent of your sister. So once the WILL is prepared no body can challenged the ssame on the grounds that under the WILL no share is given to them in the property. The only ground upon which a WILL can be challenged is that the WILL is forged and that the same is not true and executed by Testator.

TO over come any such objections in future, get the WILL executed by your mother in presence of two witnesses (as even otherwise it is requirement under the law) and get the WILL registered with the office of Sub-Registrar. Also, take the Medical Certificate of the DOCTOR that your mother is in fit state of mind and in proper health to understand and execute the WILL.

Once the WILL it registered, it attaches the authenticity and genuineness of the WILL, and the same cannot be challenged in future, and even if the same is challenged in future by your sister or any other person, the challenge will FAIL.

Should you need any assistance then feel free to contact through Law Rato Team

Advocate Vivek Mapara LawRato

748 votes

Right decision . You should prepare a will and registered the will. Take care of it that the witnesses sjould not be your family members or a person who has interest in that property. Please mention the executor of the will.

Advocate Ashwini Ramrao Deshmukh LawRato