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    Should a Will be registered to avoid any disputes in the future?

    Synopsis

    In India, it is not mandatory to register a will and an unregistered will is also considered legal.

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    Q.As a married woman, do I have the right to my father’s self-acquired property? — Meera Saxena
    According to the Hindu Succession (Amendment) Act, 2005, daughters have the same right to their father’s property as sons. Hence, if the property is self-acquired by your father and he passes away without a will, you have a legal right to it as a class I legal heir. Your marital status does not affect your claim over it. If, however, your father decides to give his self-acquired property to someone else through a valid will, you will have no right to it, though you can contest the will as a legal heir.

    Q.I have two residential properties that I purchased with my own money. I have two children and want to leave one property each to both of them. I have prepared a will with the help of a lawyer and have named the children as beneficiaries to these properties. Is it important to register the will to avoid any disputes in the future? — Bharat Jain
    In India, it is not mandatory to register a will and an unregistered will is also considered legal. However, it is recommended that you do so because it increases the authenticity of the will. Since it has been validated by a government official, it becomes easier to execute it and ensure that the assets are passed on to legal heirs, reducing the chances of litigation.

    Q.My mother passed away last year due to an illness. My grandfather has two houses that were self-acquired by him. He passed away recently without a will. Now, my maternal uncles are claiming that I have no right over his properties as my mother is no longer alive. Do I have any legal right to my grandfather’s properties and can I stake a claim in a court of law? —Sameer Gokhale
    If the properties are self-acquired and your grandfather passed away intestate, you have a right to these. Since you are a class I legal heir, you will receive the same share that would have gone to your mother. So you can stake a legal claim to these properties.

    Q.How should one deal with lifestyle inflation when one’s friend circle and extended family set the benchmark for what is considered normal or basic? They raise the bar in terms of the brands of clothes they wear, the type of phone they own, the car they buy, and the kind of house they live in. As a result, others in the group feel compelled to catch up with them, creating pressure on those who don’t want to follow suit, but also want to remain a part of the group. What could be the solution for this kind of situation? — D. Dhanuka
    It is easy to fall prey to peer pressure and keep up with the Joneses when it comes to maintaining one’s financial status. Remember, however, that if you are unable to amass enough corpus for your financial goals, say, your children’s education, you would probably not want to seek their help or they be willing to offer assistance. It’s better not to live up to their financial standards rather than face hardships later. The bottom line should be to live within your means and achieve your goals even if you have to give up being a part of this social group.

    Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.
    (Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)
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