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WILL

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved 
Dear Sirs,
I request you kindly to give your valuable advice and suggestions.

Father ‘F’ wishes to write a Will giving all his immovable and movables properties to his Son ‘S’, his Daughter ‘D’ , and his four (minor) grand children. The immovable property consists of a valuable big site inside which a house has been constructed. Now it has become a commercial area, and consequently the value of the property has increased.
1) Father ‘F’ desires that the immovable property should not be divided, but remain as a single unit, so that a large commercial shopping complex can be built in the entire site. Therefore, in the WILL can the Father ’F’ insist that the house property should be held jointly by his children & grand children for a period of at least (12 or) 15 years after the Father’s death. Further, if necessary, the immovable property can be divided or sold or alienated only after the above period (ie 15 years after the Father’s death). The shares of the son, daughter & the four minor grand children would be as indicated in the Will – whether held jointly or separately.
2) In the event of any unexpected developments (like death, divorce,etc, of any of ‘F’s children or grand children), can the Father ‘F’ indicate in his Will that all his properties should be redistributed among his children and grand children only and that no other person (like his Daughter- in-law or Son-in-law, etc) should have any right or claim in ‘F’s properties.
Thanking you, Sirs.
M/s. Y-not legal services (Expert) 09 May 2011
Dear author, till final, you didn't mentioned that, its the father's self acquired property or ancestral property.. So just clear it..
s.subramanian (Expert) 09 May 2011
Father can do so.
Querist : Anonymous (Querist) 11 May 2011
Dear Sirs, Many thanks for your valuable advice. The immovable property is a H.U.F. property. But, both the Daughter 'D' and the Son 'S' have executed Registered Release Deeds in favour of the Father'F'. Therefore, now the Father'F'is the absolute owner of the above propery.
Would the two conditions imposed in the WILL become legally binding on the Son,Daughter & the Grand Children ?
(Author: Anonymous)


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