Create a legal will - divorce/ child case

Querist : Anonymous (Querist) 03 October 2019 This query is : Resolved
Hello Respected Sir(s),
I got divorced few years back and also have a Son from the 1st marriage. The case was settled out of court and I also received the decree/ etc. I am now married again and blessed with a daughter. I wanted to understand on the following aspects as I have a property on my name:
a) Will my son from the 1st marriage have any claim/ right on my property? He is a minor right now. What happens after he turns 18?
b) If I do not wish to give anything to him in my property, what needs to be done to safeguard my current family?
c) If I create a will with my wife/ daughter's name, clearly directing the Society to transfer the right to them after me, is that good enough? Will they still ask for affidavits from all my legal heirs?

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Dr J C Vashista (Expert) 04 October 2019
Whether the property is ancestral and inherited or self-acquired by you?
a) Your son has an equal share/ right/ claim in the property owned and left intestate by you.
b) Circumstance prevailing at that point of time shall dictate, what is to be done.
c) Society can not intervene in transfer of title/ownership.
It would be advisable to consult a local prudent lawyer with relevant documents for better appreciation of facts, guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075;
Cell# +91 9891152939 or visit: vakil-saab.com

Querist : Anonymous (Querist) 04 October 2019
Hello Sir, this is an ancestral property transferred to me from my Grandmother.. I am in Mumbai..

P. Venu (Expert) 04 October 2019
Professional consultation is required as you wish to discriminate your son vis-a.vis your daughter.

K Rajasekharan (Expert) 04 October 2019
Any property that reaches you from your grandmother is not an ancestral property in legal term, coming under the Hindu Succession Act.

Quite possibly it might be something equivalent to your individual property devolved on you from your grandmother.

kavksatyanarayana (Expert) 04 October 2019
Yes. This ancestral property which devolved to you from your grandmother be treated as self-acquired property. so you may gift the property to any one.

Querist : Anonymous (Querist) 04 October 2019
How do I go about the process to ensure only my Wife and Daughter get my property after me and no one else? Legally my son from my first marriage is also my legal heir.. However, I was never even granted access to him.. This is also updated on my decree that I will never try to seek his access.. I had made a large settlement already with my Ex Wife for this case.. Hence, for the future I only wish to transfer everything to my daughter and wife..

K Rajasekharan (Expert) 05 October 2019
Three courses of action are there open for you.

One is to execute and register a partition deed, another is to execute and register a gift deed and yet another is to prepare and register a Will for the devolution of the property as you want.

Any sensible document writer with some knowledge in these matters in your locality can do this for you.