Legal Question in Family Law in India

help need to write a WILL-NEED LEGAL DOCUMENTAL FORMATE TO WIRTE AN WILL.

My husband constructed a house with his all(own) retirement benefits individually on his name --(aged 66 yrs) . He is the owner of the house. Then he got loan for improvement re.1 lac on his name from hdfc housing finance and repaid by me from my (wife's) salary (my name is via my bank account -post dated cheques. Completed the loan from my salary.

Then we constructed first floor for which my husband got rs 4 lacs from same hdfc and paying from my salary monthly rs 5655/- from my bank.

We have 2 sons. They are not caring us. Hence my husband wanted to write a will because of my safe and security. The property belongs to my husband will be fully owned to me after his death. And i can have a rights to what i want. Or after my death only it will go to my sons.

Hence please send me a copy of the document and how to write and register.

Please help --- india , tamil nadu, chennai base legal advise


Asked on 11/28/07, 4:09 am

3 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: help need to write a WILL-NEED LEGAL DOCUMENTAL FORMATE TO WIRTE AN WILL.

In case of Your husband's own earning the property belongs to him absolutely if you have contributed any amount towards purchase of land and construction then a portion of it will be yours, you can claim the same if the misfortune happens.

but in case of will it could be challenged and everything becomes controversial, so instead of this ask your husband to gift 50% of the land and Building in your name and whereby you can enjoy the rent from the first floor, for this consult a local lawyer and get the documents done and register the same in the sub-registrar's office.

B.Balasubramanya.

Advocate.

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Answered on 11/28/07, 10:50 pm
G. M. Gupta gmguptaandassociates

Re: help need to write a WILL-NEED LEGAL DOCUMENTAL FORMATE TO WIRTE AN WILL.

madam

we can write will for you otherwise you can take format from any court library.

if you want the format then we can provide it for payments. anyway in place of getting the format its better to get it prepared by any advocate.

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Answered on 12/08/07, 9:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: help need to write a WILL-NEED LEGAL DOCUMENTAL FORMATE TO WIRTE AN WILL.

Your husband is fully competent to exclude his sons from the property in question.

You can write me an - email giving details and I get a draft will made from my staff. NO CHARGES.

you do not need any lawyer for this work.

The will may be registered or may not be registered. that is not relevant.

The house can be joint property of both of you, even during his life time also.

there is nothing to worry. your sons cannot disturb your possession during your life time.

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Answered on 11/28/07, 12:19 pm


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