Legal Question in Family Law in India

your father can will the property to you and your mom.No he doesnt have to disinherit your brothers for willing the peoperty.Two witnessess are required no medical certificate is needed. Let the will be registered too.

Will is the legal declaration of a person�s intention which he wishes to be performed after his death and once the Will is made by the testator it can only be revoke during his lifetime. The term �Will� is defined under �Section: 2(h)� of The �Indian Succession Act, 1925�, means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. A testator is authorised with a power to appoint any person as beneficiary of his Will whereas �

Section: 5� deals with the law regulating succession to deceased person�s movable and immovable property. In case of Hindus, it should be clearly stated if the property is inherited or not, because it makes a huge difference, as no ancestral property can be assigned to any person through a will. All rights on inherited property are acquired by birth. It is a settled legal position that the man is free to dispose of his self-acquired property the way he wants and is not obliged to give it to his son, while he cannot divest him of his right over the family's ancestral property. If the property is ancestral no declaration given by any testator would extinguish the right of the legal heirs to claim a share in the same.

A Will should be signed by the Testator in the presence of atleast two Witnesses who have to attest the same. The full names and address of the Witnesses should be clearly indicated in the Will. It would be better if one of the Witnesses is a medical practitioner, but this is not essential. The practitioner should certify that the Testator is of sound mind (especially if the Testator is of an advanced age) and he or she should also note his or her registration number and degree (educational qualification).

A Witness should not be a beneficiary of the Will. A Witness should also not be an Executor of the Will. You should contact a lawyer to guide you through the process of making a will effectively. You can call me at 09555 507 507 or send me a mail at [email protected]

�Regards

Advocate Pooja

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