• Settlement of property

Respected sir,
I am 75yrs and my wife is 70.
We have one son and no other children.
Pl. guide me on the procedure as to how to transfer the immovable properties like house and two grounds of land.
Can there be a provision to transfer the ownership of the properties automatically after the demise of me to my wife and after her to my son.
Thanks in anticipation of your guidance.
Chandramouli.N
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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18 Answers

1. You and your wife can execute a WILL for all the movable and immovable properties in favour of your son. The WILL takes effect after the death of you and your wife. You can clearly mention in the WILL that your son will be entitled to the property only after the demise of you and your wife.

2. If you are confident and believe that your son would take care of his parents, then you can gift the properties to your son during your lifetime itself by executing a Gift Deed in your son's favour. The gift deed takes effect immediately and your son will become the owner of the properties immediately during your lifetime itself.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

As you have no legal hair other than the son the properties normally get transferred after the death of both the parents.

Securing your old aged future it will a better and secured idea to make a will in his favour to transfer all the immovable properties any any other liquid asset. Please remember to get your will registered to avoid any problem in future.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. The law of succession enunciates devolution of the property of the male hindu by "Testamentary disposition" and through "Intestate succession" and not by survivorship.

2. You can write a Will , duly stamped and registered to take effect after the death.

3. Alternately, you can partition and execute a gift in favour of both and stipulate a condition with limited interest to your wife to transfer her share after her demise to her son.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You can execute will bequeathing property to your wife on your demise

Will should be attested by 2 witnesses

In alternative execute gift deed in favour of your son and your wife would have authority to enjoy th property during her lifetime

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) You can transfer property of ownership rights on your wife's name and keep nominee as your son. Its does not require any stamp duty for registration. Just make legal paper work. Lawyer's may charge his or her fees.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir, after your demise, the immovable properties will go automatically to your wife and son in equal share i.e. 1/2 each. However, in case you write down a Will of your immovable properties stating that after your demise properties will go to your wife and after her death to your son, it would serve your purpose. So, contact your local lawyer and get a Will executed and registered in the office of concerned Sub Registrar. Procedure is simple and get it executed tomorrow.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

1. As per law, your property will be equally inherited by your wife and son after your demise for which they shall have to produce a legal her certificate which will be issued by the Counselor of the local Municipality or the Tehshilder and will not be difficult to avail.

2. Similarly, after the demise of your wife before you, you son and you shall equally inherit her property.

3. You can also execute a will bequeathing your entire property either to your wife or to your son son giving your wife the living right in to the said house of yours till her demise.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can transfer your properties to your son either by executing a registered settlement deed with condition for lifetime benefits to you and to your wife.

The condition shall be that you both will be having lifetime interest in the property to enjoy the same till your lifelong but do not have rights to sell the property during your lifetime and the property shall be transferred to yor son after your lifetime with clear and marketable title to him thereafter.

Alternately you can bequeath the properties by a registered Will with the same conditions as stated above.

This is called as testamentary disposition which is also a valid form of transfer

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

After your demise, by operation of law, your immovable properties will devolve upon your wife and your son.

After the demise of your wife, you son being the only legal heir to you and your wife, the ownership of all these properties will exclusively devolve upon him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. On your death intestate your wife and son becomes the equal shareholder of all your properties by the law of inheritance.

2.now if you wish to make your wife sole owner of all your properties first then either you will have make a gift deed in her name or execute a Will in her favour.

3.Since making of gift deed would attract stamp duty and registration, making Will is more cost effective option.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

A Testator is a person who has made a will. If you die without making a will, you are said to die intestate. If that happens, your money and property is distributed in accordance with the rules set out in the Succession Act, 1965.

As you have one son and no other children and wanted to transfer the immovable properties to him after the demise of your wife.

You should execute a WILL in favour of your son with the conditions that the the WILL be valid for son only after the sudden death of his mother and not during the life time of your wife. In this case the son will become the rightful owner after the demise of his mother and not during her life time. You can registered this will as well .

Otherwise, the other way of transfer is by way of GIFT DEED, but Gift is complete transfer of the property without any condition . So, this should be executed ,if you have faith on your son that he will take care of his mother without any disturbance.

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

You may please write out a will bequeathing your properties to your wife first and after her lifetime to your son. Please engage a lawyer to do it for you.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

First option is to make a gift deed but for this you have to pay considerable stamp duty. second option is to make a WILL. and thirdly the property will devolve to you wife and son and there after to your son if leave the world first and thereafter if your wife happen to the second after you.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

1. Since you have only one child all your properties will devolve through intestate succession on him absolutely even if you do not make a will.

2. If you wish to safeguard the interests of your wife after your lifetime then you may make a will whereby you may create a life interest in her favour and an absolute interest thereafter to your son. A life estate holder can reside in the property and enjoy its benefits but cannot alienate it.

3. Get a flawless will drafted by a lawyer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can transfer the same through gift deed or will. Gift will be immediate transfer, will comes in force after the death.

Prashant Nayak
Advocate, Mumbai
27243 Answers
88 Consultations

4.4 on 5.0

Dear Client,

After demise of both parents, child will become absolute owner of the property.

AND on demise of one of spouse, rest two will inherit equal share 1/2 on deceased properties.

AND on death of surviving spouse, his/her share will devolve in child., hence, Absolute owner.

Further can execute the WILL, bequeathing all the proprieties to the child after death.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

You can make a will in this regard and by means of the same the title of the movable and immovable property can be transferred to the legal heirs.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. IN Law nothing is automatic.

2. While still being alive, transfer the property to Wife, via a properly registered Gift Deed. HOWEVER, this "Could" leave you lurching, atleast socially and financially.

3. CONSEQUENT to above, let Wife prepare Will favouring the Son.

4. BETTER STILL, forget the above and let Father & Mother prepare individual Registered Will, favoring the son. This will ensure Security, atleast socially and financially, till the date of travel to the yonder world.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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