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Adv Nitin Kumar (Selfemployed)     09 November 2011

Will

If a person have self aquired property & have three son, but person want to give his property to only one son,

1. It can be through will or any other document?

2. It can be challenged by other two son or grand son in future?



 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 November 2011

If the property is the self acquired property of the person, then he can definately give it to any of his sons, no body can object. A will deed or a gift deed can be executed in favor of the son.

1 Like

Rajesh Hazra (Mediator Mediation Counsel)     10 November 2011

Dear Friend,

As rightly advised by Advocate Archana, get the Will prepared and executed in presence of Doctor and get it registered.

Regards

1 Like

Adv Nitin Kumar (Selfemployed)     11 November 2011

Thank You Very Much

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 November 2011

1.  IF a person prepares a will during his life-time to give property to only one son,  THEN after the death of the will maker, the other two sons would definetly contest /object to the will citing different pretexts  (including mental instability and so on) in court and this would ultimately create 1000's of mental and financial hardships for all parties concerned.  During internal disputes,  a registered or unregistered will witnessed by doctors, lawyers or politicians would have no implications, for initiating legal proceedings, where many things would be challenged and many years would pass.


2.  IF the owner (father) has finally decided to give the his own acquired property to only one son,  THEN the father may, during his life-time,  prepare a stamp-duty paid registered Gift Deed in favour of only one son, and handover property possession to his only one son and have the property transferred in the revenue or society records, with immediate effect.


3.  IF the Gift deed is registered and possession has been taken over by his only one son,  THEN nobody else in the family, sons or grandsons, would have any right to object, in future ever.  However this is subject to be executed DURING THE LIFE-TIME OF THE GIFT MAKER.


4.  However the above would NOT be applicable, if the property under question is an ancestral property, under the HSAct.


CONCLUSIVELY,  in the present case,  making of a Gift Deed would be the safest & undisputable lawful solution,  over and above the making of a will.


Keep Smiling .... Hemant Agarwal


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