Gift to trust

Abhishek Gupta (Querist) 27 May 2011 This query is : Resolved
Can d owner of the property gift d property to trust when it is clearly mention in d will that "the property shall be dispose or divide between the children?"

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Devajyoti Barman (Expert) 27 May 2011
Who is the owner and who was the testator of the Will ?

Abhishek Gupta (Querist) 28 May 2011
Owner is my late father and testator is my step mother.

Guest (Expert) 01 June 2011
The words, "disposed" and "divide" give the clear two options to the heir (1) a right to dispose of the property in his own manner, if he does not want to divide the property amongst his children, (2) the right to divide the property in his children. So, I don't think his right to gift the property can be challenged.

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