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Ashvin Raina   01 August 2022

How to safeguard an old-aged fathers property when the son is guarantor for the defaulter.

Sir,

I am a guarantor for the principal borrower in a cooperative bank. The principal borrower is a defaulter. My father is a senior citizen and he has immovable and movable properties. To safeguard these properties, can my father will and testament  or transfer properties on the name of my spouse and children?   

 



Quick Summary
This discussion addresses concerns about safeguarding an elderly father's property when his son is a guarantor for a loan that has defaulted. The primary question is whether the father can transfer or will his property to his spouse and children to protect it from potential recovery actions. Experts suggest that gifting the property might be a more immediate solution than a will, especially if the son is the sole heir and the property is self-acquired. However, it's crucial to involve the father in the decision and consider the costs associated with gift deeds versus potential nominal stamp fees for blood relations in some regions.

 8 Replies

Shashi Dhara   01 August 2022

Will  of no use ,he can gift.

LCI Thought Leader Adv. Ravish Bhatt, ADIT, CIOT (Dual Qualified lawyer/ Solicitor International Tax Affiliate CIOT)     01 August 2022

If you are a guarantor with no document executed by your father for guaranteeing the loan, property is safe until it comes to you by way of inheritance.   If it does not come to you either by virtue of gift to your spouse or through testamentary succession, the property could not be utilised for recovery in connection with the default that you described. 

Ashvin Raina   01 August 2022

Sir i am worried abount the way of inheritance since father is super senior citizen.

Shashi Dhara   01 August 2022

Let he gift it to your spouse and children .

Ashvin Raina   01 August 2022

Will and testament will not work ? since gift deed incurred more expense.

Shashi Dhara   01 August 2022

In some states  gift for blood relations nominal stamp fee  .

P. Venu (Advocate)     01 August 2022

Have you taken your father into confidence? Ultimately, it is his decision; you cannot compel him to transfer his property to your wife under the pretext of an uncertain contigency incidental to inheritance.

By the way, are you the only legal heir to your father?

kavksatyanarayana (subregistrar/supdt.(retired))     01 August 2022

Is the property self-acquired by your father or ancestral?  If the property is his self-acquired no one has right over the property.


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