Settlement
ars
(Querist) 07 April 2015
This query is : Resolved
in a case of a joint family, the residential flat is standing in the sole name of father.
Out of his three sons (all having own families) the elder one with his family was separated by the joint family, some years back with his unwritten consent. Recently the middle son is also getting separated, with his unwritten consent.
Both were financed / helped by father and younger son.
Both the sons have orally accepted their consent for the settlement, whereby, the father intend to stay with younger son at the said ancestral flat and wished to create a WILL, wherein the said flat will be bequeathed to younger son.
what precaution to be adopted to safeguard the interest of the father and younger son, in the said flat,so that in future no body from the erstwhile joint family can claim, create dispute in the right and title of the said flat ? only WILL would suffice ?
Kindly advise.
request to respond at the earliest.
SAINATH DEVALLA
(Expert) 07 April 2015
Are U only the author or the younger son?
Devajyoti Barman
(Expert) 07 April 2015
If the flat is the self acquired property of your father which is appearing so then he is free to bequeath/transfer it to anyone he chooses.
In the case of avoiding future dispute ask the others sons to sign as attesting witnesses in the proposed Will.
Rajendra K Goyal
(Expert) 07 April 2015
Better father should gift the flat to younger son.
If not he can bequeath a will and better get it registered.
