Christian succession-Rights of Grandchildren
Querist :
Anonymous
(Querist) 01 August 2010
This query is : Resolved
Hello,I am an Indian Christian belonging to Kerala state,now living in Chennai. I have 2 elder brothers and 1 elder sister. My late father purchased a plot of land in Chennai city out of his own savings in the joint names of himself and my mother (living as on date). Later,he built a house in it.In the yr. 1991, with the help of a lawyer in Chennai,my father wrote a will,leaving the whole property to my mother as sole owner with all rights to sell,mortgage,divide etc. as absolute owner upon his expiry.My late father expired on 21/6/1991 and my mother was sole owner after that date.In 2006,my mother,wishing to make early settlement of share of the property to us,children,sold the property and divided the sale proceeds equally between herself and us her 3 sons. I purchased a flat in Bangalore with my share in the very same year.I have one daughter. On account of personal reasons,I am thinking of writing a will regarding this property so that after my death it may pass on to my sister and not to my wife or to my daughter. However,as I have purchased the flat using funds not earned/saved by me,but rather,by way of share from my parents, will my will stand? In case my daughter goes to court after my expiry and claims the flat as her ancestral property, will my will be struck down by a court of law? Pl. advise me how to proceed. I am told that Christians in India are governed by the Indian succession act whereby even in these circumstances, parents' will will hold. Thanks®ards,-Raju Chacko. P.S. My sister was given her share (equal to us) at the time of her marriage in 1983
s.subramanian
(Expert) 01 August 2010
the share that you got from your mother is presumed to be gift from her to you. since the property belonged to your mother solely and she sold the same all by herself, what you got from her is not your share in the property. it is only a gift to you by your mother. hence you need not worry about it. you can proceed to execute a wil in faovur of your sister as per your desire. it will be proper and legal.
Querist :
Anonymous
(Querist) 02 August 2010
Thanks for yr. prompt response. However, I need to ask you how to bring out/clearly establish that this is a gift and not share. In other words, what must I ask my lawyer to write/specifically highlight in my will so that the property is treated as gift and not as share. At the time of sale of my parents' property, my mother did not think of gift as that option would attract sizeable gift tax. Also no gift tax has been paid. Thanks & regards,
s.subramanian
(Expert) 02 August 2010
it is enough if your will shows this property
as gift in gratis from your mother.you mayu take the advice of a qualified chartered acountant with regard to the gift tax implkications.
