Legal Question in Wills and Trusts in India

My Uncle has nominated an office in my name and has an apprehension that if he dies before his wife would not let that office come to me. He has no issues. Can he ensure the transmission.

Asked on 5/30/11, 2:31 am

3 Answers from Attorneys

Jyotishwar Bhosale Advocate, Bombay High Court

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Hi,

By what way the said office is nominated. If your name appears in will, then yes you have a right after his death. Interpreting your sentence that your uncle's wife may raise the validity question on the will, and may delay the procedure by which you wont get the ownership. Alternative solution is your Uncle can make a gift deed on your name and by paying 2-4% of the value you can have the office on your name during his presence. Though it may be bit costly, but it would save your inconvenience in future.

Regards,

Jyotishwar Bhosale

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Answered on 5/30/11, 5:09 am

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Sanjay Kalra Sanjay Kalra & Associates

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Your uncle can gift you this office in his life time and if he wills it to you then his wife might take a stand and challenge the will on various grounds after his death. The best way would be Gift.

Answered on 5/31/11, 2:19 pm

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