Legal Question in Wills and Trusts in India

Irrevocable will by parents
In my family, there is my father, who has some self earnrd assets including property, my mother my elder brother (who has a wife and son) and me ( I have a wife and son). My brother has asked for alump sum payment from my father. My father wants to pay him this amount and then wants that he should make a will in which he would give everything to my mother and in the same will he will make a clause that after my mother, everything would go to me. Can a will like this be made ? Or my mother will also have to make a will ? Can these wills be made irrevocable, so that once signed they can not be changed In any case ? Pl. suggest

Asked on 7/18/07, 4:23 am

5 Answers from Attorneys

kavitha balakrishnan kpp associates

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Re: Irrevocable will by parents

will can be made in such ways. but it cannot be specified as irrevocable!

there is no problem with lump sum payments to your brother. but he will have a right in the ancestral properties also! - what to do?

well - get a reliquinshment deed executed by your brother in favour of you and your mother with respect to the ancestral property. so the at he cannot come and claim afterwards!

as far as the self acquired properties are concerned they can be given to anyone.

there can be a will saying that it shall pass on to my son after the death of my wife.

check it out- put a clause incase -

if the wife predeceases the husband!

if the son predeceases the mother or father!

if you are in metro - then the will has to be probated then a court fee and other charges have to be paid! what to do?

your father can execute a settlement deed with the same clauses and all other aspects included and give it to the person of his wish - it will REGISTERED and it is IRREVOCABLE - it will be as per the wishes of the executor and the cost of registeration is VERY LOW EXPENSE

and finally it has IMMEDIATE effect.

Now what do you want to do?

Answered on 7/19/07, 2:35 am

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Nandita Haldipur Haldipur Associates

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Re: Irrevocable will by parents

your father an put a clause that the property should go to you after the death of your mother. generally will can be changed any number of times during teh life time of person.

Answered on 7/18/07, 5:12 am

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Prabhat Shroff Shroff & Company

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Re: Irrevocable will by parents

There is no such thing in law as an irrevocable will, since a will can always and at all times be changed by a codicil.

The best course will be for your father to get a declaration signed by your brother and his family, at the time of giving his the money, that your brother and his family shall not have any claim of any nature whatsoever over the properties and assets of your father/mother, in lieu of such payment.

Answered on 7/18/07, 5:39 am

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