If a child has been given for adoption (legally), is it mandatory to mention her name in the Will?
It is not mandatory to mention any child in the Will or give any bequest to any child, whether such child has been given for adoption or not. Hence, you may choose to exclude any of your children from your Will including any child given for adoption. However, when making a bequest to only certain children or close family members and not to others, it would be advisable to give reasons as to why the others have been excluded so as to reduce the possibility of the Will being contested.
My husband was the owner of one-third of an undivided residential apartment. He recently passed away leaving a Will in which he bequeathed his share to me. If all owners were to sell the property, what would be the way to convey my share to the prospective buyer?
While answering the query, we have assumed that your husband executed a valid Will and the property bequeathed under the Will is a self-acquired property which does not form a part of Hindu Undivided Family (HUF) property.
We have further assumed that your husband’s one-third share in the property has now legally devolved upon you and has been transmitted in your name.
If all the owners having an undivided interest in the property, including you, were to sell the property to a third-party purchaser, you, along with the other owners, would be required to execute a deed of conveyance of the property in favour of the purchaser.
Alternatively, you could also separately transfer your undivided interest in the property to the prospective purchaser by executing a deed of conveyance in respect of your interest in the property in favour of the purchaser.
The deed of conveyance would have to be duly stamped in accordance with the laws of the state where the property is located and where the deed of conveyance is executed.
The deed of conveyance would also have to be registered with the sub-registrar of assurances within four months from the date of execution in the state where the property is located. Depending upon the state, applicable registration charges will also have to be paid at the time of registering the deed of conveyance.
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