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P Gupta (Practice)     10 August 2009

Property share / Will

Hi,

I have a question regarding property settlement/division.

My father did not inherit any property. He was a central government employee and could build just one flat in his life. He sold it to buy a piece of land on his name.

Later on, house was built on that land from my earnings (not father’s savings/earnings because he had none). House is on father’s name. The money that I contributed will be considered as a gift from my side. Right? One point to be mentioned is that whatever money my father received after retirement was lost by him in share market etc.

Secondly, I have brother and sister in my family. So I would like to know if they have equal share/right on the build house (including land) or only on the land. Note that the house is not inherited by my father.

Thirdly, can my father write a will to give 50% share of the plot to my brother, 50% of the plot plus full construction (house) to me and none to my sister? Is such a will valid?

My father always had POA to operate my bank accounts and he used the money to build the house as per my consent.

On same lines, can my parents (father+mother) write a will(s) to give almost all properties to me and only a small fraction to my brother and none to my sisters. This is also because all the properties are built from the money earned by me but they are in the names of parents.

There is no dispute in the family but I would like to know what the law says in this case. Moreover I personally want my sister to get/claim share from their in-laws rather than from her parents (who are my parents as well). I have same thinking in case of my wife, in the sense that I do not want her to claim anything from her parents but keep whatever I (or my parents have) have.

Experts’ comments are welcome.

Thanks in advance.



Learning

 2 Replies

Mrs. Hetal Sunil Shah (Advocate)     10 August 2009

I place hereunder copy of one Affidavit cum declaration taken for property you can use it after suitable changes to your requirements:

AFIDAVIT-CUM-DECLARATION
 
I, Mr._____________, aged about ____ years, Hindu by religion, Occupation Retired, Residing at, _______________, in the Country of India made this ____ day of August, in the year 2009.
I have appointed Ms._____________, my daughter adult by age, Hindu by religion, Residing at, ____________________, to administer and arrange to deal with my property and its all affairs to transfer the said property in her name which may be after my demise.
I declare and state that my said property mentioned below after my lifetime in order to avoid unnecessary misunderstanding and consequent wasteful litigation between the members of my family or others, I am executing this Affidavit-cum-Declaration voluntarily without any compulsion or pressure from any persons and with a sound disposing state of mind.
I declare and state that the property being ___________ admeasuring ________ sq. mtrs., or thereabout equivalent to ________ sq. feet or thereabout together with undivided share in the Society land admeasuring ________ sq. mtrs., or thereabout on the 3rd Floor in the building known as “SANSKAR APARTMENT” constructed on the land bearing Final Plot No. ________ of Town Planning Scheme No. ________________, situate, lying and being at Mouje ________, Taluka ________, District ________, registration District Sub-District ________________ (hereinafter shall be referred to as “said property”) is acquired by my daughter Ms. ________________for me and my dwelling and is given to me for inhabiting till my life time and the same is purchased under all financial arrangements, assistance and help from him, I shall BEQUEATH the said property being the Flat as mentioned above, to her and there shall not be any part or share or right , title or interest of any body except him and/or his heirs, successors in the said property and will have absolute powers of disposal over the same.
I further declare and state I relinquish and release my all right, title and interest whatsoever, if any available to me as the same property stands in my name and am residing in the said premises, in favour of my son SHRI OM PRAKASH HARISINGHANI and there shall not any right, title or interest of share or part of any body except him or his heirs and successors.
In witness whereof, I, the Declarent above named has signed in presence of the following witnesses, who have also attested the same in my presence on the _____day of August, 2008.
 
Solemnly declare on oath.
 
______________________________
SMT. KAMLA DEVI HARISINGHANI W/O. SHRI DHARAM DAS HARISINGHANI
 
In Presence of :
 
(1)     ________________________
          Name:
          Address:
 
 
(2)     _______________________
          Name:
          Address:
 
1 Like

P Gupta (Practice)     11 August 2009

Thanks for the reply so far.

Would welcome some more comments on the complex situation.


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