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Ravi Chandana   13 August 2020

Conditional will

Hello All,

I have a scenario and I am here for some advice from the legal luminaries. I have a friend (female) whose mother’s property is to be transferred.

Mother (M aged about 65 years) --} Daughter (my friend aged about 45 years) --} Granddaughter (GD aged about 19 years)

My friend (Daughter) and her husband are not on good terms, and in fear of life she does not want the property from her mother to be registered on her name as a gift deed.

My friend’s daughter, who is the granddaughter above GD, is radical in nature and is quite close to her father, so she does not want the transfer done directly from Mother to Granddaughter.

What are the possible options?

We are considering a conditional will from mother as below:

Mother (M) executes a will in such a way where the property will be transferred to on a date where

a)       granddaughter (GD) upon her marriage or

b)      after the life of the daughter (my friend) whichever is LATER.

And until such date the beneficiary of the aforesaid property remains as the daughter (my friend).

Is this legally viable? Is there a better way of handling the situation?

Thank you
Ravi


Learning

 12 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     13 August 2020

Uncertainties in the will will lead to litigation in the future.

You are writing that  the property shall devolve upon the 

a)    granddaughter (GD) upon her marriage or b)      after the life of the daughter (my friend) whichever is LATER.

so it s confusing.

You can make it simpler

After the demise of the testator the property, It shall devolve upon the  daughter and after her {Friend mother} demise  to her daughter {Grand daughter of the testator}.

 

Get it vetted by an experienced lawyer to avoid confusion in the future with simpler terms

Ravi Chandana   13 August 2020

Thank you but the fear of life still remains in this case where the property is moved to my friend from her mother?

R.Ranganathan (Director)     14 August 2020

The settlement deed can be made with a contingent clause that the Grand daughter will become the sole and absolute owner of the property only after the life interest of the  daughter.

1 Like

Dr J C Vashista (Advocate)     14 August 2020

Conditional will is incorrect which shall not hold good .

Mother should bequeath her property in favour of her daughter (your female friend).

Seek professional guidance of a local prudent lawyer. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 August 2020

Originally posted by : R.Ranganathan
The settlement deed can be made with a contingent clause that the Grand daughter will become the sole and absolute owner of the property only after the life interest of the  daughter.

 

1. The Querist legally & logically the above Experts advice, which protects the Daughter's interest for her entire life and Grand Daughter will not be able to Sell /Gift /Transfer /Donate /whatever .... the said property till her Mother is alive.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Ravi Chandana   14 August 2020

Exactly Mr. Hemant Agarwal.

Am for expert advise on Best course of action while Protecting the Daughter's interest for her entire life and Grand Daughter will not be able to Sell /Gift /Transfer /Donate /whatever .... the said property till her Mother is alive.

P. Venu (Advocate)     15 August 2020

The facts posted suggest prejudice than fear. The issue, in the real sense is unconnected with the property. The owner of the property is only 65 years and she, prima facie, is unconnected with the strained relations of the daughter with latter's husband and daughter. 

It is also not known whether the daughter alone is the legal heir to the owner of the property. The posting suggests deeper issues. Please post the 'real' facts leaving aside the perceptions of fear and rebelliousness.

Ravi Chandana   15 August 2020

Dear Venu, My friend has siblings however siblings are in favour of mother transferring property to my friend. My friend has only a daughter which is the grand daughter as explained in the case.

P. Venu (Advocate)     15 August 2020

Have you personal knowledge of the consent of the siblings? Given the nature and tone of the issue raised, this posting is beyond the reach of a third person who, admittedly, is a stranger to the subject matter.

Ravi Chandana   15 August 2020

You aren't right in assuming as 'Stranger.' The post is with the consent from siblings. However, the needed details are shared assuming I would receive the expert advise.

ravi yudha (ceo, non-profit org)     21 August 2020

Venu Sir,

You have to understand that this is a public forum which will be read by many people. Sometimes it is hard to give exact facts for the fear of identity being exposed to the opposite side.  In a private discussion even an aadhar card can be shared, but on a public forum even the age details may not be accurate by people who seek advice.

 

You have to understand this angle sir.

P. Venu (Advocate)     21 August 2020

Any meaningful suggestion could be given only based on exact facts, not the least mere opinions, that too subjective. This platform allows the author to remain anonymous  at his or her choice. 


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