A matter of will
Your queries answered by S.C. RAGHURAM, Partner, RANK Associates, Chennai.
My mother-in-law is 69 and has three sons. She is a widow, and her other two sons are abroad. She stays with us and the house belongs to her and her three sons.
She wants to give her jewellery and her share in the house to my daughter and son.
She says this to me repeatedly but the problem is she has started losing her memory.
Upon her death, will her other two sons accept that she wanted the jewellery and her share in the house to be given to my children?
If she writes a will now, stating her wishes clearly, will it be accepted by the courts and prevent us from any misunderstandings in future with her other two sons?
She can execute a Will, clearly indicating the manner in which her assets have to be distributed after her lifetime.
For doing so, she must be in normal state of mind and capable of understanding the effect of her acts.
In the alternative, she can execute and register Deed(s) of Settlement in respect of the house property in conformity with her intentions and deal with the jewellery and other movables in her Will.
Any document executed by her should be supported by two sound witnesses to prove later, if necessary, that she was fully aware of the consequences of her actions.
Please consult a lawyer and ensure that any document executed will stand the test of law in future.
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