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
 
Reply   
 
Practising Advocate

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

 
Reply   
 



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

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.


Total likes : 1 times

 
Reply   
 
Lawyer

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. 

 
Reply   
 
ha21@rediffmail.com Mumbai : 9820174108

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

 
Reply   
 

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.
 
Reply   
 
Advocate

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.

 
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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.
 
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Advocate

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.

 
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