Pradeep (na) 08 September 2013

Mother wants to gift her share to son

Dear Learned lawyers,

1. My friend's father passed away w/o will.

2. Mother has one son (my friend) and one daughter and now my friend is taking care of his mother daughter is far away.

3. She wants to gift her 1/3 rightful property to my friend. (Father's self earned property)

Q1 : What she should do ? Can she write plain will w/o partition or she should file for partition suit and then hand over the share to my friend.

Q2 : Property value is 12 lakhs what would be approximate value of fees for partition suit ?

Please HELP !

THANKS in ADVANCE !

Pradeep

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2 Replies

Namita Agarwal (---) 08 September 2013

Father passed away without a Will. Hence his self earned property will be divided between his legal heirs - widow(1/3), son(1/3) and daughter(1/3). I am assuming that these three are the only legal heirs of the father.

Now, the mother can give away her share(1/3) to the son either during her lifetime and transfer the property in his name or she can make a Will, so that the property gets transferred to her son after her demise. She can even execute a relinquishment deed in favour of the son.

Pradeep (na) 17 September 2013

Dear Namitha Agarwal,

Thank you very much for you reply. I discussed your points with my friend and they want to go by WILL route without partition / without relinquishment deed. I have advised them to register it and make use of good lawyers so that he will not get any issue in future.

Thanks Again

Pradeep