Family association in writing can keep away from dispute over property

My husband died in 2020 and left a home and a flat (at present on lease) in my identify. Besides, there are some property equivalent to jewelry and glued deposits that I intend to equally distribute amongst my two kids. Should I get a Will registered for the aim, since my son will not be completely satisfied that I need to give an equal share to my daughter as properly? How do I make sure that the property doesn’t go into dispute after my demise?

—Name withheld on request

We have assumed that your husband and you might be Hindu by religion. To mitigate challenges to the enforcement of a Will, you might contemplate the next steps: Ensure that you just execute the Will within the presence of two impartial witnesses; acquire a medical certificates (ideally issued on the execution date) out of your consulting physician testifying to the truth that you might be of sound thoughts and reminiscence to execute your testamentary documentation; contemplate video recording the execution course of with you clearly acknowledging your intention to divide your property equally between your kids. You can contemplate storing this video recording on a pen drive and place it in the identical envelope as your executed Will (previous to sealing it).

You ought to register the Will with the sub-registrar. While registration doesn’t robotically show the validity of the Will, it’s going to assist proof the formal execution of the Will. It is troublesome in regulation to outright cease a problem to a Will occurring, however you’ll be able to take steps to scale back the possibilities and/or make sure you win the battle on deserves. It could also be prudent to debate your potential bequests along with your son beforehand and see if a decision might be reached—this could doubtlessly be documented as a household association amongst all of you.

If such a household association is executed in writing, it must be registered with the sub-registrar, and can assist keep away from any future discontent between your son and daughter, and the courts are extra inclined to present impact to household preparations to advertise speedy justice as properly.

Rishabh Shroff is accomplice, Cyril Amarchand Mangaldas.

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