Chithira Suresh 21 October 2020

Estate planning

My Brother is divorced and has remarried and he has 1 boy child from first marriage and another girl child now from second marrige which he legally did registered marriage after divorce .
The child and wife from first marrige has taken a one time settlement and has told in legal divorce document that there will no further claims.
My brother has registered a will for his second daughter stating all property next will go to his daughter who is 7 from second marriage .
His son is 17 .
How can he ensure that there wont be anymore trouble for his second daughter and wife . Is the registered will enough. Or should he register the properties in a minors name .

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5 Replies

Dr J C Vashista (Advocate) 21 October 2020

The son born out of divorced marriage has an equal share in the ancestral property of his father (your divorcee / remarried brother).

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 21 October 2020

1. Brother may execute a Registered Gift Deed in favor of his minor Daughter and keep himself or his Second Wife as Guardian till child attains major age. The Gift Deed may contain a clause that Gift is Conditional and parents shall have Life-Long residing rights and Daughter cannot Sell /Gift /Mortgage property till parents are alive.

2. AFTER above divorced wife and their Son shall no right over such Gifted Property.

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

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Chithira Suresh 21 October 2020

Thank you so much Sir . What about the money in stocks and mutual funds , how can he ensure that it goes to his second child . So my understanding is though a will is registered the first child can claim ancestral property . What would be the charges to execute a gift deed .

G.L.N. Prasad (Retired employee.) 21 October 2020

Specific nomination and a registered will is sufficient for stocks and mutual funds. As the child is minor, a guardian can be appointed. The will should state that the first child was separated from the family and through...............dt.settlement deed, he has received his share and these exclusively belong to second child alone.

P. Venu (Advocate) 21 October 2020

The spn, by the first marriage, is his legal heir and as such, he is entitled for a share in the property, if any, left intestate. So also, the said son is a coparcener in the ancestral property, if any.