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WILL made for second wife. How to safeguard my interest


01-May-2023 (In Wills / Trusts Law)
My mother expired 3 years back. I have 3 younger brothers and my father re married again. From this lady, he has a 1 and a half year old son. She was a divorcee with a daughter under 18. My father has 2 flats and a shop in his name. He wants to give her 1 flat. My father has already made a WILL (un-registered) before the second marriage stating the above but he has mentioned nothing about the property distribution for the second wife in the WILL. What documentation should be made for the peaceful transfer of the property? How strong is the WILL which he has already made?
Answers (1)

Answer #1
67 votes
Your father can make a gift deed of the property in your favor. The gift deed, once made, has to stamped according to the law and the value of the property.

The WILL made by him during his lifetime is valid if it does not exceed one third of the property.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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