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Gupil Kocharr   25 May 2020

Property Dispute

My Grandparents arent willing to pass on the property to my father until they die, as per them they fear that none of their two sons would keep them.

Can there be a provision made for which, they name it to their son's name with certain conditions, and if any of the condition is not fullfilled according to that document made then the decision is revokable.

So that, all the three parties having stake in this decision are secure in a certain manner. We are considering 1 child to provide financial assitance for their care and the other child to take care of them. and If any of them is not fulfilling the condition then, their share of that property can be taken aback.

Please throw some light on this, it would be really a great help.


 3 Replies

P.Bashista (Advocate)     25 May 2020

Your grandparents have all the right to decide about transferring the property in any ones name during their lifetime and they can even right a will that whom they want to give it after their death. Will can be in favour of any person.

In regard to the conditional transfer of the property in favour of son/s is not permissible under the law as the transfer of property through a registered deed has to be generally unconditional. Your grandparents understand that once the property is transferred during their lifetime in any ones favour, then it will be very difficult to get the deed cancelled.

In your case it is advisable that your grand parents execute a registered will with all the conditions as stated above. If the son/child who is the beneficiary to the will doesnot perform his part then the grandparents can always revoke the will during their lifetime. However if they die intestate then the property will anyways get devolved among the legal heirs (class wise) equally.

KISHAN DUTT KALASKAR (Advocate)     25 May 2020

The experiences shows that inspite of conditions old persons not being looked after once properties are changed in the name of others. Let them have their name till their death the your father get it. 

Vijay Kumar   19 June 2020

can i file a case on public interest litigation of RETIRED and died public servant with ACQUIRED property details during in service

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