Thursday, July 21, 2011

Can I make such WILL - Question on Legal Heir and WILL - Pls Help!!!?

You have unnecessarily prolonged your question. Many points are imaginary. Anyway, as your son is minor, he cannot execute release deed in your favour. So you will have to wait until he becomes major. To get the flat transferred in the name of legal heirs, you can apply to the Revenue Dept. along with affidavit and death certificate of your husband. Revenue authorities are empowered to transfer the property in the name of heirs after getting confirmed that the legal heirs mentioned in the application are correct. If necessary, you may get heir certificate from court. Question No. 3- Your son shall not be entitled to throw you out even after his marriage. If he tries so, you can take the help of law. Q 4- Unless all heirs consent, you cannot sell the property. Q. 5- If your son, after being major, and daughters can execute power of attorney in your favour at any time. In power of attorney, its purpose is required to be referred. e.g. whether power of attorney has been executed to sell the property or to take care of the property etc. If the heirs are ready then only they will execute power of attorney and it can be cancelled at any time. So the question of throwing out forcefully with the help of P/Attorney does not arise. If the situation described by you in Q. 6 arises, you will have only remedy to take the help of court. Your last important point is whether you can give your share to any of your children as per your choice. The answer is that the flat is not your self acquired property, so you cannot give it to any one heir by making will or by executing any other document. Even if will is executed, other heirs may challenge it. You can do so only with consent of other heirs.

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