30% OFF on all Law Courses until 10th of July. Enroll Now. Use Code: July30
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mahadevan (manager)     21 December 2016

Will on inherited property ?

My father had self acquired (purchased plot and constructed from his income) property at New Delhi, having GF and FF. During his life time he made a proper registered will in name of me For F.F. and my brother G.F. The same was legally transferred to us by authorities after his death on our application. My query is, ( I have two children) 1. Can I will this property to my married son, ONLY, who is living in this portion with us and his family and looking after us, in a cordial relation . 2. My daughter is well settled happily married in UK and not concerned about this property. 3. I don’t want to ask my daughter and SIL to give in writing that they are not interested in this property as you may suggest. 4. Can my SIL challenge my will after my death?. 5. For me, is this property treated as self acquired or inherited? 6 Can i will to my wife till her death and then to my son in single will?


Learning

 5 Replies

Ms.Usha Kapoor (CEO)     21 December 2016

uery is, ( I have two children) 1. Can I will this property to my married son, ONLY, who is living in this portion with us and his family and looking after us, in a cordial relation . 2. My daughter is well settled happily married in UK and not concerned about this property. 3. I don’t want to ask my daughter and SIL to give in writing that they are not interested in this property as you may suggest. 4. Can my SIL challenge my will after my death?. 5. For me, is this property treated as self acquired or inherited? 6 Can i will to my wife till her death and then to my son in single will.
Your father's self acquired property he bequeathed to you and your brother through a registered will. The willed property transferred in your name is considered your self acquired property and you are the absolute owner of that property/your share. you can do anything with that property as an absolute owner. So if we apply the above analogy you can transfer  the entire share that belongs to you to your son making it   as   its absolute owner. to the exclusion of your daughter and son in law  who can't chllenge it later.Future I can'r predict. Your son in law may or may not challonge the will.Keep the will registered and keep it in some public sectorbank locker and tell your son to open it after your demise.You as  a testator cam will the property to your wife till her death and then to your son in a single will. If you appreciate this answer please give me all my profile likes.
1 Like

Mahadevan (manager)     21 December 2016

Thanks Ms Kapoor

 You covered each and every question that i had in mind. I appreciate your clear thinking.

As there is a thin line between what Law says and what our family values hold. I truly love my SIL (a gem of a person) and daughter, but i dont want my son, who is residing in this portion, be forced to sell it, and look for a new smaller house with his 50% share.

 

Regarding: Your son in law may or may not challonge the will.



I am sure they wont, but equally sure, that their children will, force them to, as this is easy money for them.

 

A public sector bank locker advise: please let me know the legal logic behind.

My post creates another question which is above Law and of emotional value, i seek everybodys opinion on that.

 

Is my decision wrong or right.

 

As i have seen in my distance family, where a son who looked after his parents till their death, 88 and 91 yrs old, was forced to sell his fathers property by his three well settled sisters, whose only logic was

HAME KOI OBJECTION NAHIN, PAR HAMARE BACHHE NAHIN MANTE, AUR HAMEN UNKI BHI SUNNI HAI. ?????

Ms.Usha Kapoor (CEO)     21 December 2016

Now that you have appreciated my answer, would you please give me a like  on my profile?

Kumar Doab (FIN)     21 December 2016

It is believed that you are Hindu.

Confirm.

The nature of inherited proeprty in the hands of beneficiary of a valid WILL is: Self Acquired.

 

The owner can dispose the estate/property in his life time in anyone's favor by  a valid deed e.g; WILL.

It is better to register the WILL, write in language that testator knows ( on record) and have certificate from doctro that testator was of sound mind etc  .

 

Any WILL, even registered can be contested.

The registered WILL may not be easily set aside on the counts of authenticity.

 

 

.

 

 

P. Venu (Advocate)     21 December 2016

Yes, the property is self-earned. You can dispose the same at your discretion during your lifetime.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query