Among 3 siblings, my father inherited a flat in Delhi. Being a single child, do I need a registered will for stress-free inheritance?

The flat is in your father’s name and was inherited from your grandfather, possibly through the process of mutation. It can now be treated as your father’s self-acquired property, eligible for inheritance. Even though you are an only child, having a testamentary document, such as a will, made by your father in your favour will simplify the inheritance process. A will is the most common, cost-effective and practical option. In the absence of a will, or if it’s rendered invalid due to technical flaws, inheritance will be governed by personal succession laws applicable to your father’s religion. An unregistered will is legally valid if it fulfills key requirements: it must be signed page-wise by your father (testator) and attested by two witnesses who are not beneficiaries. While registration is not mandatory, a registered will carries more legal weight, as it is endorsed by the sub-registrar and adds credibility.

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My parents own three self-acquired properties. One is jointly owned by them, the second is jointly owned by my father and me, and the third is co-owned by my parents and my brother. All three properties were funded entirely by them. As per their will, the properties are to be passed on to me and my children after my lifetime, while allowing my brother to reside in the property co-owned with him for as long as he lives. I anticipate a possible dispute over the will after my parents’ demise. What steps can I take to avert it?

Rajat Dutta Founder & Initiator, Inheritance Needs Services: A robust will should have two independent witnesses with no vested interest, preferably known to the testator and likely to outlive them. Registering the will adds an extra layer of legal efficacy. Assuming your parents’ wills are not challenged after their demise, the first and second properties can be seamlessly transferred to you. For the third property, jointly owned by your parents and your brother, only your parents’ share at best can be transferred to you, subject to a life interest in favour of your brother, allowing him to reside there for his lifetime. As a co-owner, your brother is entitled to stay in the property until his death. After his demise, his share will be distributed according to his will, if he makes one; wherein you may not necessarily be the beneficiary. However, if he dies intestate (without a will), succession laws will govern the distribution, and you could be an heir. To ensure that all properties eventually are solely owned by you after your parents’ demise, you may consider having your brother either gift his share in the third property to you or sell it to you for a consideration. This will involve payment of stamp duty and registration charges. However, if your parents are uncomfortable with this arrangement—since it may not secure your brother’s right to stay in the house during his lifetime— you could explore setting up a private discretionary family trust. Under the trust arrangement, your parents and brother would transfer their respective shares into the trust, which would protect your brother’s life interest and, after his demise, ensure that sole ownership passes to you, and subsequently to your children after you.

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