Self acquired propoerty and will in a goa scenario.

Querist : Anonymous (Querist) 07 December 2020 This query is : Resolved
I am a widower. My property details are:
1. A vacant plot purchaed by me. 2. A house built by me on a plot purchased by me.
3. A house built by my own sources on a plot owned by my deceased wife.
(these 2 houses have different market price, one is 3 times worth than the other.)

I have 3 children 2 married daughters and a married son.
a.Can I decide in my Will who of the 3 children gets which property ? And
b. Before my death, can I gift the properties by making separate (or combined ) Gift Deed/s ?
Many thanks.

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Quick Summary

This discussion clarifies how a widower in Goa can manage his self-acquired properties and those inherited from his wife. While he has full control over properties he purchased and built himself, allowing him to gift or bequeath them as he wishes via a will or gift deed, properties on land owned by his deceased wife are shared among all legal heirs, including himself and his children. He can only deal with his own share of these inherited properties. It is strongly advised to consult a local lawyer to navigate the specific legalities, especially considering the Portuguese Civil Code may apply in Goa.

Guest (Expert) 07 December 2020
You could execute the Will on the Properties which are exclusively on your name. For the Properties on your wife's name all the 4 your self and all your 3 children would be legal heirs and you could decide only about your share in that.. Discuss with an Local Advocate in detail and decide

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Advocate Bhartesh goyal (Expert) 07 December 2020
Rightly adviced by Expert N.J.S.Rajkumar. Apart from above you can gift your self acquired property to your children as per your wish.

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kavksatyanarayana (Expert) 08 December 2020
Yes. For your property, you can execute a Gift deed and mention the property item-wise (3 items to 3 children likewise) to whom it belongs. For your wife's property, your self and your children have equal shares. for your share, you can do as you wish.

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Dr J C Vashista (Expert) 09 December 2020
I agree and appreciate expert opinion of Mr Raj Kumar, Mr. Bhartesh Goyal and Mr. Kavksatyananryana.
Since all the properties are your "self acquired" you may gift either of them to any one of your children.
You may executed a will in favour of all or any one including your children.

Rajendra K Goyal (Expert) 10 December 2020
Property on the land owned by your wife has shares of all your children with you. You can sell / bequeath / mortgage / gift only your share in the property.

Other properties are self acquired, you have full right to sell / gift / bequeath a will of these in favor of nay one even out of your family.

P. Venu (Expert) 12 December 2020
The above suggestions apply to Hindu personal law. However, to my knowledge, provisions Portuguese Civil Code apply in the instant case. Please confirm.

Querist : Anonymous (Querist) 13 December 2020
Yes, Sir, P. Venu. Portuguese Civil Code is applicable.

Rajendra K Goyal (Expert) 13 December 2020
It is advisable to contact local lawyer and discuss in detail.

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