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mrgop (Owner)     11 September 2011

Partition deed granting right only after parents death?

Mother owns 20 cents of single plot, not inherited, and wants to partition it among her two sons. Right now, she wants to give 10 cents to elder son as gift deed. Then she wants to keep the remaining 10 cents on her own name and get it tranferred to younger son only after her death. She wants to keep all rights including the right to sell or tranfer it to anybody on that 10 cents during her lifetime. So, the question is how to legally nominate the younger son only the sole owner of that 10 cents on mother's name after her death? The elder son should have half right on all properties on her own name except that 10 cents.



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 September 2011

The mother can give the 10 cents of land to the elder son by a regd. gift deed in her life time and make a Will in respect of the other 10 cents in which she can bequeath it to the othe son.

mrgop (Owner)     11 September 2011

Originally posted by :Adv Archana
"
The mother can give the 10 cents of land to the elder son by a regd. gift deed in her life time and make a Will in respect of the other 10 cents in which she can bequeath it to the othe son.
"

In case of making a will, who will keep it, younger son or mother? If younger son keeps it, can mother cancell the will without original in her hand?

Adv Archana Deshmukh (Practicing Advocate)     11 September 2011

The operation of a Will is after the death of the testator. During the lifetime of the mother the property shall belong to the mother, however, if the mother wishes she can allow the younger son to use it. The mother can revoke the Will during her lifetime.

Chirag Bhatt (Lawyer Gujarat High Court)     11 September 2011

Agreed with MS. Archana


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