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Basavaiah, (Retired)     29 June 2013

Will for transfer of property in family settlement ?

Is it legally acceptable to make a Will for the transfer of the property in a family settlement ?


In a family settlement which as arisen as a consequence of various reasons, a mother has bequeathed her self acquired property to one of her son A by making a Will.  Now another son B who has already taken other properties belonging to mother and also another ancestral property as part of the family settlement is claiming for partition of the property and he may challenge the Will by making some allegations.


In this situation can the Will be considered as legally valid for the family settlement ?  There is no other written Memorandum or Agreements/Deeds made. The Will is not registered but valid in all respects.


If the dispute goes to court should son A state the property was bequeathed to him by his mother as part of family settlement ...or should he not mention it as such ?


 2 Replies

Adv k . mahesh (advocate)     29 June 2013

Will validity comes after the death of the testator who had executed and the testator is alive he/she can give a gift deed and there is limited stamp duty to be paid for gift deed 

from given query in your case you can give a statement in the court that it was given to you from your mother 

1 Like

Basavaiah, (Retired)     29 June 2013

Mother has passed away.

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