My father has a self acquired house in Delhi during his lifetime . He has made a will on a stamp paper of Rs 10/- , 20 years ago stating this house constructed by him shall be transferred to his son i.e myself. I and my sister are the only legal heirs. My mother demised before making of the WILL by my father. The Will is signed by my father & myself and my sister have signed as a witness. Now I WISH TO MAKE A WILL stating in case of my death the house shall be jointly owned by my WIFE &Son. I have also a daughter who is married. Please advice for the legal procedure for the same. Thanks K K Sood

My father has a self acquired house in Delhi during his lifetime . He has made a will on a stamp paper of Rs 10/- , 20 years ago stating this house constructed by him shall be transferred to his son i.e myself. I and my sister are the only legal heirs. My mother demised before making of the WILL by my father. The Will is signed by my father & myself and my sister have signed as a witness.
Now I WISH TO MAKE A WILL stating in case of my death the house shall be jointly owned by my WIFE &Son. I have also a daughter who is married.
Please advice for the legal procedure for the same.
Thanks
K K Sood more

Helpful Legal Advise and Matters Jun 25

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THIRUMALAI RENGARAJAN

In the will specify that X amount had been handitover to your sister and it has been relinquished by her and you can draft a will more

Jun 29

Amit Gandhi (Legal Professional)

The will made by ur father is legally tenable & cant b challenged successfully if ur sister has actually signed it & the signatures are proved to be her's. Get probate before making will. more

Jun 29

TKG NAMBIAR (ADVOCATE)

If you look at the whole thing, I understand that "NO WILL HAS BEEN LEGALLY EXECUTED"!! The 'will' that you say has been executed cannot be termed as a 'will' mainly because it has no 'independent witness'. The son and the daughter are "interested witnesses" and there cannot be any such 'will'. The normal assumption is that a 'will' is executed without the knoweldge of the beneficiaries. Here the 'beneficiaries' themselves are the witnesses!!! So I think the will, whether it is on Rs.10 stamp paper or Rs.1000 stamp paper, anybody can challenge it. Pl note that a 'will' need not be on stamp paper and need not be registered, but the crucial point is 'the witness'. If your sister has no dispute and you are in possession of the property for the last 20 years, issue is different. For that please ensure that you are paying the PROPERTY TAX, BUILDING TAX etc. in your own name and you have all the records. If so, you can apply for a "POSSESSION CERTIFICATE" and an "OWNERSHIP CERTIFICATE" from the concerned authorities. Take advice from a Lawyer of your area. more

Jun 28

Sham Lal Langer

Some body said your sister can sue you. I do not agree with that. She was a witness to the will signed by your father. She cannot have a claim on the house after twenty years. Your daughter definitely has a claim on your property. But if you write the will in the name of your wife and son and get the same registered in the presence of two witnesses.It is better you take your daughter into confidence to avoid bitterness at a later date between brother and sister more

Jun 28

Suman Kaushik (Advocate)

see mr. if your sister wish, she can challenge the will and nobody can stop her for partition of your ancestral house undertaken by you from the will of your father. If you want to your wife and your son secure , you must have taken the permission of your sister and make a sale deed of that property otherwise you get into trouble. more

Jun 28

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