Partition deed granting right only after parents death?

Querist : Anonymous (Querist) 11 September 2011 This query is : Resolved
Mother owns 20 cents of single plot, not inherited, and wants to partition it among her two sons. Right now, she wants to give 10 cents to elder son as gift deed. Then she wants to keep the remaining 10 cents on her own name and get it tranferred to younger son only after her death. She wants to keep all rights including the right to sell or tranfer it to anybody on that 10 cents during her lifetime. So, the question is how to legally nominate the younger son only the sole owner of that 10 cents on mother's name after her death? The elder son should have half right on all properties on her own name except that 10 cents.

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ajay sethi (Expert) 11 September 2011
mother should prepare a will . in the will she should mention that in her lifeime she has given 50%of her property to her elder son .mention particulars of gift deed . further she should state that balance 50%of her property shall on her death devolve on her younger son .

please note that merely because mother has made her will does not mean that she cannot dispose of the balance 505property during her lifetime .

Adv Archana Deshmukh (Expert) 11 September 2011

The mother can give the 10 cents of land to the elder son by a regd. gift deed in her life time and make a Will in respect of the other 10 cents in which she can bequeath it to the other son, so that she can enjoy it during her life.

Shailesh Kr. Shah (Expert) 11 September 2011
Rightly advised by Experts.Noting requires to be add.

Shastri J.K. (Expert) 11 September 2011
I also agree with mr.Shailesh Kr. Shah

prabhakar singh (Expert) 11 September 2011
Let mother prepare a registered gift deed of 10cents transferred absolutely and for balance 10cents a Will recited in same very document to save registration fees on 2 separate document.So my advise is to make a combo of gift and will with good drafting skill used.

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