Legal Question in Family Law in India
validity of will in certain circumstances.
My mother inherited all properties of my deceased father-after an n.o.c from me,and after obtaining an succession cetificate-as my father died intestate.Can she will and/or make somebody trustee,of bank acts,f.d's,which are already in our joint names.Also mode of operation stands as-joint or survivor.I am her only daughter child-no deceased bros,sister,etc.Relatives take advantage of her old age,n ficklemindedness in creating disturbances in our fmly.Can she also will jwellery,which is not her physical possession,neither any bills of purchase,or wealth tax declaration.Also,in case she does not make a will,what can happen in these circumstances?She has nominated me [100%]in the only immovable property,in which we stay together. Please advice.
2 Answers from Attorneys
Re: validity of will in certain circumstances.
A will is at discretion of the person making it.
In case of N.O.C. from your side. it would be necessary to evaluate the content of the same before passing any opinion on the questions asked by you.
We request you to kindly get in touch with us for any further discussion on the same.
Re: validity of will in certain circumstances.
In the joint accounts which are operated as "either or surivivor", her nomination or appointment as trustee may not be legal.
A person may execute a will in any manner; but the beneficiary of the will may only inherit the property of the executor of will. Thus even your mother mentions something in the will which does not belong to her, e.g. jewellary etc., the beneficiary of he will may not get that.
If she does not make any will, you may become her sole legal heir and may inherit all her movable and immovable property.
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