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BD   17 December 2015

Will by father for property acquried by will

My father is owner of the property which he acquired by way of Will of his father. My grand father distributed his property among his 3 sons and my father received one share and he wants to make will for the same share.

My father is having two sons and he wants to make a Will (of his share which he acquired as above) with either below cenarios

1) Keep half with himself and give rest in equal share to two sons. His half share will be given to younger son post his death as his younger sons takes care of him.

or

2) Post his death give fixed sum of money to elder son and give rest to younger son. His younder son will give that money to elder son either from selling part of property or from other sources.

Are both the above senerios legal to put in Will?

 



Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 December 2015

Sir,

 

Since it was a self acquired property, he can put any number of terms in the Will.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Kumar Doab (FIN)     17 December 2015

Execute the WILL of grandfather and get the property mutated in the name of father.If possible let the boundaries be mentioned. Thereafter your father may draft a WILL as per his wishes. It shall be appropriate to register the WILL.

Laxmi Kant Joshi (Advocate )     18 December 2015

If the property is in the name of your father then he can gift you as per his wish and conditions .

BD   18 December 2015

Thanks for all the responses.

Just to clarify, as my father got ownership of property from his own father by way of Will, therefore this property is not anscestral.

Hence my father can write Will as per his own wish?

 


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