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syam sankar (engineer)     27 October 2012



Due to differences in our household, my father is planning to execute a will in favor of me, by transferring his house

( constructed out of my father's income), in my name. We are two brothers and  are married, I being the younger one. My father is being threatened by my elder brother, his wife and in-laws to effect the transfer of our home in my brother's name. Moreover they are planning to implicate a false case against my father.Kindly clear the following doubts:

Currently my father and mother are alive, I am taking care of them...

after the will is executed,

(a) will I be the sole owner of the property (namely our house)?

(b) will my elder brother or his family have any legal rights to claim after the will is executed? How can i vacate them?

(c) as per my father's wishes, he wants to donate this house for a charitable trust/NGO (like old age home/for cancer patients) etc. In such a case how do I effect this transfer, what are the procedures involved?




 2 Replies

P V RAVI KUMAR (ADVOCATE)     27 October 2012

A self acquired property can be dealt with in any manner as the owner of property desires. The best way is to draft and register a will more clearly stating therein about the beneficiary of the will. If continuous pressure is there from your brother side you and your father can also think of settlement deed in your faour. In case of settlement deed you will become the absolute owner of the property once when the deed got registered by the settler (your father). In case of will you will become eligible only after your father's life time. Though will registration is not compulsory because of probation etc depending on the situation of property etc., safest way is to get it registered.

syam sankar (engineer)     27 October 2012

Thank you Mr. Ravikumar, thanks for the great help you have rendered to me



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