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Samkit

Samkit Maniar  |101 Answers  |Ask -

Tax Expert - Answered on May 26, 2024

CA Samkit Maniar has eight years of experience in income tax, mergers and acquisitions and estate planning.
He has graduated from Mumbai’s N M College of Commerce and Economics and has completed his CA from The Institute of Chartered Accountants of India."... more
Manoj Question by Manoj on May 16, 2024Hindi
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My father write will on plain paper in front of two relatives that my own house after my death it's devide in my two sons. My question is- 1. Is it valid will. 2. if one son not agree on the will and that son capture the whole house In this situation what happen how i get my part. i want to avoid any police or legal action. 3. Division is not possible in house as per design. Only one option available that one person give the half amount to other. 4. Is it possible to court sale the house and devide the amount in both son.

Ans: Will is valid even on a plain paper but needs to be executed by 2 witnesses. Further, it depends on the executor to appropriately divide the assets between both (ie you and your brother). If the house cannot be divided then it can be sold and proceeds can be divided equally. You can go to court but then sale will take its own time its better you resolve this issue within the family.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |3722 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jun 13, 2024

Asked by Anonymous - Jun 13, 2024Hindi
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Hi. Can my mother of two sons get her will registered for a residential property with half share each for both her Sons. Now the property was registered in mother's name in year 2000 for 15 lacs. A loan was taken by the younger son for 12 lacs to finance the property. This loan was in due course paid off. Now mother in present situation is aged and wants to will her property equally to both her sons. Can she go ahead with registered will. Also what other documentation needs to be done so that there is no dispute in future among brothers.
Ans: Yes, your mother can get her will registered for the residential property, allocating half share to each of her sons. This process involves several steps to ensure that the will is legally valid and that there are no disputes in the future.

Steps to Register the Will
Drafting the Will: The will should clearly state her intention to divide the property equally between both sons. It should include specific details about the property, such as its location, registration details, and any other pertinent information.

Appointment of Executors: Your mother should appoint one or more executors in her will. Executors are responsible for carrying out the terms of the will. It is advisable to choose trustworthy and impartial executors.

Witnesses: The will must be signed by your mother in the presence of at least two witnesses who are not beneficiaries in the will. The witnesses must also sign the will, confirming that they saw her sign it.

Registration of the Will: Although not mandatory, registering the will with the local sub-registrar’s office is highly recommended. This provides a legal safeguard against future disputes. The process involves:

Visiting the local sub-registrar’s office.
Submitting the will along with required documents (proof of identity, proof of residence, etc.).
Paying the registration fee.
The sub-registrar will then record and register the will.
Additional Documentation and Steps to Prevent Future Disputes
To further ensure there are no disputes in the future, consider the following additional steps:

Family Settlement Agreement: If both sons agree, your mother can draft a family settlement agreement. This agreement can state that both sons have agreed to the equal division of the property and that they will respect the terms of the will. This should be signed by all parties involved and can be notarized for added legal strength.

Declaration of No Objection: Both sons can sign a No Objection Certificate (NOC) stating they have no objections to the property being divided equally as per their mother’s will. This can be attached to the will or kept as a separate

Consulting a Lawyer: It is advisable to consult with a property lawyer to ensure that all legal formalities are correctly followed. The lawyer can help draft the will, the family settlement agreement, and the NOC to ensure they are legally binding.

Updating Property Records: Once the will is registered, ensure that the property records reflect your mother’s ownership clearly. This will prevent any claims of ownership or legal complications in the future.

Informing Family Members: Make sure that all family members, especially the beneficiaries, are aware of the will and its contents. Transparency can often prevent misunderstandings and disputes.

Summary
Your mother can proceed with registering her will to divide her property equally between her two sons. The will must be drafted properly, witnessed, and ideally registered with the sub-registrar’s office. Additional steps, such as a family settlement agreement and a No Objection Certificate, can provide further assurance that there will be no disputes in the future.

By following these steps and seeking professional legal advice, your mother can ensure her wishes are respected and that her sons can receive their shares without any legal complications.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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Hi I am a 35-year-old woman and my husband is 45. we are made for each other couple. we love each other and we do not have any compatibility issues except in romance. he is not very romantic and even throughout my younger years I was also not very romantic and immersed myself in studies and career. He is not very active in sex also. A few years back I told him that I wanted to be romantic after marriage and now we are not, so I missed my college and early office days when I was in my prime and could have been romantically involved with guys. Since I look very young even at 35, he suggested that I still can move around with guys and get romantic and I need not miss anything even now. though initially declining the offer, I moved a little freely toward men, mostly colleagues, and a few social club members. I encouraged late-night messages, coffee meets, movies, etc. I update my husband on every single event that happens. ex, if I went to a movie with a colleague, I will message my hubby " We kissed", if that happened. he encourages me so much and is happy with whatever is happening, cutting a long story short. though I didn't think it would go so far, I am now romantically very active. soft romance-like messages I do with many. Dating I don't say no to my known circle like colleagues, ex-colleagues, college mates, etc and almost 2-3 times a week I end up dating someone in a coffee shop, pub, or a long drive. A few times I initiate a date too. and I must confess that I have regular intimacy with four young men, all from the same office where I work. I have never hidden anything from my hubby and give a complete account every day. I offered to stop everything any moment he said. but he told me till age is there enjoy life!. I am emotionally connected to my husband only and I do all my responsibilities as a woman. Our relationship has grown manifold. My only question is, am I exploiting my husband's innocence or does he have a cuckold fantasy? If I continue the way I continue with no harm to anyone, can I keep doing it ( I love to). or I should stop at once?
Ans: Dear Anonymous,

After reading your question I understood that your partner and you have, what we call, an open relationship. As long as both partners are okay with the dynamics of it, and no one is emotionally hurt, or resisting, it should be okay. It isn't exploitation if your husband himself encourages you. You are both consenting adults and not harming each other or anyone else. As for your question, if he has a cuckold fantasy, that is something you should discuss with your husband. An open discussion is better than speculation. Also, at any time if you suspect that your husband is growing concerned about the nature of your relationship, ask him directly. It can help avoid misunderstandings.


Best Wishes

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Hello sir mai 28 year ki hoo mai abhi llb kar rahi hoo mai last 7 year se relationship mai hoo vo mujse 25 year bade hai saruaat 1 to 2 year inhone muje bhot priorities di ab hum 3 to 4 month mai kabhi milte hai hum dono alag alag city mai hai unki bhot badi family hai or finincially bhi problem chal rahi hai last 3 yaer se vo.muje priority nai de rahe hum.roj bat karte hai vo mera khyal bhi rakhte hai lekin muje unse ab dur nai hona mene sadi na karne ka decisions Liya hai lekin kitni bar bhot akela feel karti hoo vo muje itna time nai dete phele jaisa nai hai aisa lagta hai.fir vo ku6 help kar de ya pyar se bat bhi kar le.to.lagta hai sab theek hai mai.bhot confused hoo mai.kya karu muje kya karna chahiye ..
Ans: Dear Anonymous,

Dating someone older than you is not the problem, but the fact that you are making major life decisions based on what he wants and doesn't want is concerning. I am guessing that you decided to not get married because he doesn't want it either. Is that fair to you? You yourself mentioned that you often feel lonely. Don't you think you deserve better? Don't you deserve someone who would love you and would like to spend the rest of their life with you? Please reconsider this relationship. Speak to your partner and ask him what his plans are for the future. Does he want to settle down with you? How will you two continue this relationship in the future? There are many important questions that need answering. Sort them out and you will have the solution to your dilemma.


Best Wishes.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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