• Can I gift my property share to my daughters and grand daughter simultaneously

I have bought a land of 10 Katha along with my younger brother. I m getting old and I want to make a will of my property. I have 3 daughters and one son. But I want to give my land to 1) my second younger daughter and 2) my grand daughter whose age is 25 (her only daughter) who stay with me and both look after me. And also to 3) my youngest daughter who is childless as they are not financially stable. I don't want to give share to eldest daughter & son. If my daughters die in future then who would get the whole property? Whom should I make the executor? Can I appoint a lateral executor? Who should be the witnesses? How should I draft the will ? Please help..
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

1) you can execute gift deed of one third share in favour of your second and third daughters and grand daughter 

 

2) gift deed should be stamped and registered 

 

3) on demise of daughters property would devolve on their legal heirs 

 

4) in alternative execute will bequeathing property to your daughters 

 

5) witnesses can be family friends or relatives 

 

6) executors of will can be your friends or relatives 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See if you make will in favour of the daughters then in guture if they die there legal heirs will get the property. 

Executor can be your second daughter or younget daughrter or grand daughter  or any of your friend can be appointed as executor. to execute the will. Yes you can appoint a literary executor.  Any two independent person who are not benificiaries to the will should be witness. The will should be drafted and should be registered so that your daughter suffer no problem in future and there is no challange of will. In will complete details of property should be specified.Take help of an Advocate to draft and register a Will.

 

Refer this article to get idea of drafting a will. https://blog.ipleaders.in/guidelines-to-will-drafting/

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are free to bequeath your share of peoprty, in favour of your two daughters and one grand daughter.

This being your self earned property, you are free to exclude your eldest daughter and your son from the will.

You need to get in touch with a local lawyer for getting your will drafted.

You need to mention the proportion in which you want your property to be passed in favour of your two daughters and one grandaughter, like 1/3rd each. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

  1. As per the information menetioned in the present query, makes it clear that the nature of the property is self acquired, but not anscestral.
  2. So, you have the full right to give it to anyone by way of gift or will.
  3. You may put any clause with respect to the future contingencies also if you believe that there may be misused in future.
  4. No body can claim any right in your property unless you give them some right.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Father has every right to give his property as he likes.You can gift your property to your married daughter and to your grand daughter for that you have to pay the stamp duty on the total value of the property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Since it is your proeprty , you cna gift this proeprty to anyone you choose and no one can oppose in it.

2. Hwever do note that the Will takes effect after your demise only and if any of the benficiaries of the Will dies before your death then her legal heir would be deprived from getting  what their mother would have got had she been alive on the date of your death.

3. So you can mention their name in the Will taking into contingency that oyur daughter may have died during your lifetime.

4. You can make a third person or a beneficiary of the Will as Executor of the Will. 

5. At least 2 witnesses are compulsory and they should be persons whom you rely and who have seen you putting signature on the Will.

6. Take help of an advocate to draft a Will. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) This is called conditional WILL and witnesses will be close relative who know your familiy very well. after your daughter who do not have ny child for her you can make your son as nominee.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. you can Will your property to anyone you like

2. if the beneficiary under your Will dies before the your death then the Will in his/her favour will not take effect

3. however if the beneficiary dies after your death then his/her bequest will go to his/her legal heirs

4. you can also mention in your Will itself as to whom your property should go in case the beneficiary dies before you

5. any person can be executor of the Will. However if that person is also getting any benefit under your Will then such person cannot be executor

6. any 2 persons can become witnesses to your Will. Preferably make young person as witnesess. If an old person is a witness and he dies then he would be unavailable to give his testimony in court that he had attested your Will. This can create problems if your Will is challenged for any reasons

7. there is no particular format for drafting a Will. You just need to write your wishes on plain piece of paper in simple English or any other language you are comfortable with

8. you can appoint either 1 or more than 1 executors under your Will

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You can do the same. But dont draft your will yourself enagege services of lawyer and register the same. If you can gift the same through gift deed it will be more beneficial.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can prepare  Will based on your desire to distribute your own properties in the manner and method you may decide and in anyone's favor as you have decided.

Nobody can question your decision especially if it is a registered Will.

 

If you want to prepare a Will and need assistance and also to know about the formal procedures, you can take the assistance of an advocate in the local

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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