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EMy mother has few land properties in her name, apart from the jewellery and some monetary assets. All this she has bought on her own. She’s a state government employee.
My father is verbally and physically abusive since the beginning of their marriage. And was unemployed for the longest of time.
Myself (28F) and my brother (23) are also are in picture. I’m a doctor and my brother is studying at present.
My mother is concerned if something were to happen to her or she suddenly died, how can she ensure her assets pass on to her kids instead of her husband.
What can we do?
Also, what kind of lawyer shall we consult for making a will?
And what’s the law about our situation.Thank you.
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CHi, I’m an advocate practicing in Delhi. A strongly worded will, coupled with registration, can help ensure that none of your mother’s assets pass on to your father. There are multiple ways to circumvent the issue you’re facing, with a Will being one of those. Deciding which option to go for depends on a lot of different factors.
Any lawyer who has a decent understanding of laws of succession can help you with the Will. You can reach out to me for a more detailed discussion.-
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CYou can’t really stop a person from challenging the Will. Even though registration helps, it’s not fool proof. One thing that works, if your mother is comfortable with parting with her property now, is making a gift deed for the properties and gifting them to you and your sibling now, instead of waiting for the properties to be bequeathed to you.
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PShe can make a Will right away. Let her mention the details of all that she has and how does she want to distribute among the children. If she doesn’t make a will, your father will get a part of it after her demise. Approach a lawyer with the details of immovable property (location, sy no, khatha no. area, etc), Bank account numbers, FD or RD details, gold jewelry description, etc). the lawyer drafts the will as per her plan of distribution. Register the will in the sub registrar office by taking 2 witnesses along. Lawyer himself can take you through registration process.
For further clarification contact us [https://g.co/kgs/E2hEa9f](https://g.co/kgs/E2hEa9f)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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