My brother who is in INDIA, is a Hindu, and is separated and has been wanting a divorce for several years, but wife will not give one even though she decided to separate from him. They have two teenage kids who follow their mom's advice and do not even see my brother. He has been advised to make his will since he is ill. He does not want to leave anything to his separated wife, he is willing to leave some assets for his kids but is afraid the mother will use the money for her own interests. So he wants me his sister to inherit his assets with the understanding that I would given them to his children if they get an education and are able to live independently on their own two feet, and live decently. I would gladly do that since I love my nephews and understand my brothers reluctance to simply leave money to them when they have no money sense and also the real threat of it being used up by the mother for things other than education. Can he make his will out so that I inherit his assets?
2007-03-29 02:10:08 · 10 answers · asked by Paresh K 1 in Family & Relationships ➔ Marriage & Divorce
Laws in India are very different from those in the west. Advice from those who understand Indian laws well is much appreciated.
Also, it is my understanding that in India a Hindu divorce can only take place by mutual consent, and since wife is unwilling and at the same time wants to remain separate is a major hurdle in this whole process. Although my brother is wanting to settle in divorce, wife will not agree to any settlement offered so far even though they are extremely generous considering she had done absolutely nothing but cause trouble and bring two kids into the world.
2007-03-29 02:45:32 · update #1
Law regarding will is very clear according to which it can be made by a person who is of age at least 18years & sound mind. Any such written will has to be signed by the testator in presence on a competent adult witness who will also sign it in the presence of the testator. If the testator is illiterate & unable to understand what is written in his will he has to be told all the details noted therein before his finger print is taken in presence of a competent witness. Such a written will assign the duty to the person or persons in whose favor it is made to get this will probated on the death of the testator. Such written will can be got registered or deposited in the box kept for any such written wills in the office of the sub registrar of the district where the testator presently or permanently stays. Any person (in this case Hindu) can make will regarding all his self acquired properties in favor of any person or persons & even appoint care taker/guardian for his property in case such person or persons are minor in age till he/she or they attain the age of majority. Now as far your case is concerned, yes your brother can make will in your favor regarding his property with the understanding that you will give it to his children when they attain age of majority or as he wants them to get educated & become independent. Here he actually wants you to be the caretaker/guardian of his property on behalf of his children this is what I can make out, hence you won’t be able to use any of his property for your personal use or benefits. Will such a will be challenged at the time of probation? Yes his separated wife will definitely challenge it on the ground of force & fraud used by you to get such a will made in your favor, also she will challenge it on the ground of his unfit mental status at the time of making such a will. So what is the best course to save guard any such will? Get such will prepared by a legal person/lawyer, use the service of notary public to be witness his signature as I explained you, get such a will registered with the sub registrar of the district where he lives where he marks his presence & even puts his signatures in presence of sub registrar which will be witnessed by a notary public, also make it a point to get this noted in his will that such a will is being made at his free will & without any force or fraud by any person who so ever it may be, & he is absolutely normal , in his proper senses & understand the implications of such a will, he should clearly disown & in clear words debar his wife to get any benefits from any of his properties. I don’t think after all such formalities his wife will get any benefits even if she challenge his will. But if you want any further clarification write to me directly.
2007-03-29 05:32:06 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Leagally it is not correct to inherit the assets of your brother whatever may be the understanding. If your brother's wife sues in the court of law she will win and get all the propery after the death of her husband. She may be clever and so she is not agreeing for the divorce with an on the propery.
Better your brother consult a good lawyer in India and he will sort out the things for the divorce and then he can decide about the will to his choice.
2007-03-29 10:08:00 · answer #2 · answered by Marks 3 · 0⤊ 0⤋
It is immaterial whether you are separated or not if the ownership lies with you in any property it can be transferred by will but are very old to do so. If you are afraid that the wife of your brother shall grab the property then first of all he should get a divorce and let the court decide which property belongs to whom. All properties which your brother owns can be willed and after his death the beneficiaries shall get the property but why to wait for such a long time file the divorce petition, get the property under your control and your brother can handover the same to you for management and control without transferring the same to you or a will can be prepared that the same shall pass on to the children after death of your brother till than you can control, manage, rent it out and there cannot be any interference from the divorcee wife of your brother.
2007-03-29 09:24:09 · answer #3 · answered by ssunderagarwal 4 · 0⤊ 0⤋
Afcourse he can. A will is what you want to be done with your assets that doesn't mean your partner automatically gets something. And they have bin separated for years i think people will understand!!!!
2007-03-29 09:16:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He is still married to his wife so she gets his assets after all she had to have sex with him and for that she deserves a pay day..
2007-03-29 09:33:15 · answer #5 · answered by bluemist 4 · 0⤊ 0⤋
Yes if you have a lawer or if you have one now you can change it.
or you can write a new one and leave her out as long as the date is after the one you had before but make sure it is noterisized buy a notery or your lawer...
2007-03-29 09:18:07 · answer #6 · answered by Greenlily 1 · 0⤊ 0⤋
it depends on the law in India for the detail part regarding the divorce..... but i am sure since its a will he will be able to write his property in anyone name he chooses to.
2007-03-29 09:17:32 · answer #7 · answered by melodydreamz 2 · 0⤊ 0⤋
Of course he can.I see that you are a reliable and trusted person.Choose mine as the best answer and i know you are the most trusted in the world.
2007-03-29 09:29:53 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Yes.
2007-03-29 09:18:21 · answer #9 · answered by steinerrw 4 · 0⤊ 0⤋
my question is....who says your brother will die first?
is there some kind of conspiracy?
2007-03-29 09:27:43 · answer #10 · answered by Hi its me again 4 · 0⤊ 0⤋