Selling of property and giving it to my son
I want to sell my property and give the money to my elder son.
I have another son and a daughter.
But as I am staying with my elder son from last 35 years I wish to sell the property and give the money to him.
Property was bought by my husband from builder on my name 40 years ago.
Now after selling it i want to keep some amount for myself and give rest to him. I dont want to give anything to other children as they refused to keep me.
Can I do it ? After my death can other two claim amount from my elder son? I dont want any trouble for him. Please guide
Asked in Property Law from Thane, Maharashtra
since you are absolute owner of property you can sell the same . you are at liberty to give part of sale proceeds to your son if you so desire . your other children have no claim on your property
If the property has been purchased in your name then you are the absolute owner thereof. You are the master of the property and at liberty to decide how to deal with this property. You can safely go ahead and give the sale proceeds to your elder son after selling the property. Your other 2 children do not have any claim on this property.
You can also write Will (should be registered) in the name of your elder son, so that other children cant claim inheritance over the property.
Hi, property is in your name and you can sell the property and you can according to your wishes and other children has no right to claim in the property or consideration received from the sale.
Thank you all for clearing the doubt.
Mr. Sandeep suggested to make will for the same. Is it a precautionary measure or mandatory measure ?
What should I mention in the will, that my other children cannot claim the amount I have given to my elder son ?
Asked 3 years ago
Get the will drafted by your lawyer who will incorporate all the necessary clauses which will have a repelling effect on any future claim being made by your other children.
you want to sell the property now . hence not necessary to make will regarding the property . after you receive the sale proceeds and have invested the same you can if you so desire make a will regarding the investments made on sale of property . you can get it drafted by a lawyer . it has to be signed by you in presence of 2 attesting witness es
Hi, if you want to sell the property there is no necessity to make will, and further with my experience"will" is always suspicious document it will come to effect after the death then every chance of other two children challenge the same before the court and it amount to unnecessary litigation. Even though the will is prepared as per law it is subject to scrutiny before the court.