Gift to trust in case if the property is put on STAY

Abhishek Gupta (Querist) 01 June 2011 This query is : Resolved
My Late father made the will in which he made my step mother the absolute owner of the immovable property..
Now she is threatning that she will gift the property to the trust..
However it is clearly mentioned in the will that it is at my step mothers will either to divide or dispose the property between the children..

MY QUE. IS DAT IF THE PROPERTY IS PUT FOR STAY THEN CAN SHE STILL GIFT IT TO TRUST??
PLZZ ADVICE

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M/s. Y-not legal services (Expert) 01 June 2011
Mr.abishek, If that property is your father's self acquired property mean he can arrange will in favour of any one. Like that if made a will in favour to your step mother mean she is the owner of the property. After your father's demise she can do whatever as her wish. No one can stop her.

M/s. Y-not legal services (Expert) 01 June 2011
On the other hand if that property is your ancestral property mean as a co sharer he is not entitled to made a will regards the entire property.. So you can challenge either the will or gift.

Guest (Expert) 01 June 2011
Repeated query. If the will clearly mentions that she can dispose OR distribute among children, you cannot do anything. Even for stay you will have to justify why she should not act according to the provisions of the will.

vinay sonpal (Expert) 02 June 2011
If will provides that property can be either divided or distributed among the children, it is one type of life interest on grand mother. She can not gift to third party. I do not agree with Shri Dingaraji with due respect.

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