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Author Topic: Preparing a will - grant right to parents to stay in the house till their death  (Read 956 times)

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Offline cheriyan.alex@gmail.com

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Dear Team,

I have a query regarding how to execute a will under the following situation.

I am a male - 35 and married. I have a sister too who is already married.
At the time of my sister's marriage, my father did the partition of all his property and gave me and my sister our share. I got 50 cents with our house and 40 cents were registered in my sister's name. My parents do not have anyother source of income or any other property.

While my father did the partition, he had mentioned that they(father and mother) have the right to stay in the house till their death. But when I applied for a loan, my father had to sign an affidavit doing away with the above mentioned right in the property.
Now to the question. I want to ensure my parents' safety in the event of an unfortunate death happening to me while they are alive. Is it legal to prepare a will where in I mention that I want to give unconditional rights to my parents in the above mentioned property(including selling part/whole of it for meeting their day-to-day or treatment expenses) in the event of my death. Also whatever is left after their death should go to my wife and not to my sister.

Is this possible to do this. If yes, what is the procedure to do that? Do I need to consult a lawyer in person to do this. If yes, what kind of lawyer?

Thanks in advance for your reply.

Regards,
Cherian Alex

Offline saravanan.s

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your father had made a family partition.what you can do is write a will in favour of your father that your property must devolve on your father and after his lifetime will pass on to your wife.if your father dies before you then in that case you can write another will mentioning that its your latest will and all other previous wills made by you stands cancelled

Offline cheriyan.alex@gmail.com

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Thanks for your quick reply.

Is a signed paper with my instructions legally valid?
Or should I approach a lawyer and document in a stamped paper?

Regards,
Cheriyan Alex

Offline cheriyan.alex@gmail.com

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Sir,

After doing a search in this forum, I have understood that an ordinary sheet of paper with my signed instructions attested by 2 witnesses is legally valid.

Thanks again for your valuable time and advice,

Regards,
Alex Cheriyan

Offline saravanan.s

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yes and also you can register it to be on the safe side but its not compulsory.even unregistered wills are legally valid

 

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