hindu succession

Querist : Anonymous (Querist) 27 March 2010 This query is : Resolved
respected sir,
‘A’ ‘B’ ‘C’ ‘D’ were four brothers; ‘A’ got some property(ancestral) in partition (accepted whatever he got), and got Title declaration on it. ‘A’ died leaving behind his mentally ill wife, a daughter ‘X’ aged about 17yrs and a son ‘Y’ of 2yrs. After two years wife of ‘A’ too died. Other brothers’ of ‘A’ were behind the property and tried to kill ‘Y’. “X” got married in 1959 when was 16 yrs old. After death of the parents ‘X’ brought up ‘Y’ with her. Now ‘X ‘too is dead leaving behind three sons and two daughters. All died without any will. Heirs of other brothers’ of ‘A’ are still behind the property of ‘A’ and trying to kill ‘Y’ and even all the properties and its’ documents are in their possession since last 50 years.
‘Y’ remained unmarried and in obligation ‘Y’ wishes to gift the entire property of ‘A’ to the daughters of ‘X’. What is the best way to do it? ‘Y’ fears that if he transfers the property to the daughters of ‘X’ they (Heirs of other brothers’ of ‘A’) will start disturbing them. How the property of ‘A’ will be divided if something happens to ‘y’ in the mean time?
Thanks to all

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adv. rajeev ( rajoo ) (Expert) 28 March 2010
Instead of going for the gift deed it is better to execute the will because will comes into existence after the death of the testetor.

G. ARAVINTHAN (Expert) 28 March 2010
I agree with Rajeev sir

B K Raghavendra Rao (Expert) 28 March 2010
Property that fell to the share of A would be inherited by his wife and children and not by his brothers. Therefore, as A and A's wife are dead, the property devolves round X and Y in equal shares. Since, Y is unmarried and if he dies unmarried, then the entire property of A would go to the children of X as X is also dead.

Y may either make a will as rightly suggested by Sri Rajeev S. Vadrali or may retain a portion sufficient for his livelihood and gift the remaining portion of the property. Ultimately, he has to make a will for the property retained by him in such a case.